C-27.1 - Municipal Code of Québec

Section 938 Disposition versions

2021-03-25

938. Articles 935 and 936 and any regulation made under article 938.0.1 or 938.0.2 do not apply to a contract 

(1)  that is a supply contract, or to a contract for the supply of services, for which a tariff is fixed or approved by the Government of Canada or the Gouvernement du Québec or any of its ministers or bodies;

(2)   that is an insurance or supply contract, or to a contract for the supply of services, that is entered into either with a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) or with a supplier who, after thorough and documented verification, is found to be the only supplier in all the territories covered by an intergovernmental agreement on the opening of public procurement that is applicable to municipalities;

(2.1)  that is entered into with a non-profit body and that is an insurance contract or a contract for the supply of services other than services listed in subparagraph 2.3 and other than services involving the collection, transport, transfer, recycling or recovery of residual materials;

(2.2)  whose object is the supply of services and that is entered into with a solidarity cooperative whose articles include a clause prohibiting the allotment of rebates or the payment of interest on any category of preferred shares unless the rebate is allotted or the interest is paid to a municipality, the Union des municipalités du Québec or the Fédération québécoise des municipalités locales et régionales (FQM), and that is designated by the Minister under subparagraph 5 of the first paragraph of section 573.3.5 of the Cities and Towns Act (chapter C-19);

(2.3)  that is a contract entered into with a non-profit body and involving an expenditure below the expenditure ceiling allowing the territory from which the tenders originate to be limited in the case of contracts for the supply of services under subarticle 2.1 of article 935, and whose object is any of the following:

(a)  courier or mail services, including email;

(b)  fax services;

(c)  real estate services;

(d)  computer services, including consultation services for the purchase or installation of computer software or hardware, and data processing services;

(e)  maintenance or repair services for office equipment;

(f)  management consulting services, except arbitration, mediation or conciliation services with regard to human resources management;

(g)  architectural or engineering services, except engineering services related to a single transportation infrastructure design and construction contract;

(h)  architectural landscaping services;

(i)  land use and planning services;

(j)  test, analysis or inspection services for quality control;

(k)  exterior and interior building cleaning services;

(l)  machinery or equipment repair services;

(m)  purification services; and

(n)  road services;

(2.4)  that is a supply contract entered into with a non-profit body and involving an expenditure below the expenditure ceiling allowing the territory from which the tenders originate to be limited in the case of supply contracts under subarticle 2.1 of article 935;

(3)  whose object is the supply of bulk trucking services and that is entered into through the holder of a brokerage permit issued under the Transport Act (chapter T-12);

(4)  whose object is the supply of movable property or services related to cultural or artistic fields or the supply of subscriptions;

(5)  whose object is the supply of media space for the purposes of a publicity campaign or for promotional purposes;

(6)  whose object, which stems from the use of a software package or software product, is to

(a)  ensure compatibility with existing systems, software packages or software products;

(b)  ensure the protection of exclusive rights such as copyrights, patents or exclusive licences;

(c)  carry out research and development;

(d)  produce a prototype or original concept;

(7)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids and that is entered into with the owner of the mains or installations or with a public utility, for a price corresponding to the price usually charged by an undertaking generally performing such work;

(8)  whose object is the supply of services by a supplier in a monopoly position in the field of communications, electricity or gas; or

(9)  whose object is the maintenance of specialized equipment that must be carried out by the manufacturer or its representative;

(10)  whose object is the performance of work on a railway right-of-way used as such, entered into with the owner or operator of the railway, for a price corresponding to the price usually charged by an undertaking generally performing such work.

If a professional services contract for the drawing up of plans and specifications was the subject of a call for tenders, article 936 and any regulation made under article 938.0.1 do not apply to a contract entered into with the designer of those plans and specifications for

(1)  their adaptation or modification for the carrying out of the work for the purposes for which they were prepared; or

(2)  the supervision of the work related to such modification or adaptation or, within the scope of a fixed-price contract, related to an extension of the duration of the work.

Article 936 does not apply to a contract

(1)  covered by the regulation in force made under article 938.0.1 or 938.0.2; or

(2)  that is an insurance contract, supply contract or contract for the supply of services and that is entered into with a solidarity cooperative whose articles include a clause prohibiting the allotment of rebates or the payment of interest on any category of preferred shares unless the rebate is allotted or the interest is paid to a municipality, the Union des municipalités du Québec or the Fédération québécoise des municipalités locales et régionales (FQM).

1979, c. 36, s. 47; 1985, c. 27, s. 59; 1996, c. 2, s. 455; 1999, c. 82, s. 20; 2001, c. 25, s. 56; 2001, c. 68, s. 39; 2002, c. 37, s. 110; 2003, c. 19, s. 148; 2005, c. 28, s. 59; 2006, c. 60, s. 39; 2009, c. 26, s. 32; 2010, c. 18, s. 45; 2010, c. 42, s. 6; 2017, c. 13, s. 99; 2018, c. 8, s. 92; 2021, c. 7, s. 49.

2018-04-19

938. Articles 935 and 936 and any regulation made under article 938.0.1 or 938.0.2 do not apply to a contract 

(1)  that is a supply contract, or to a contract for the supply of services, for which a tariff is fixed or approved by the Government of Canada or the Gouvernement du Québec or any of its ministers or bodies;

(2)   that is an insurance or supply contract, or to a contract for the supply of services, that is entered into either with a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) or with a supplier who, after thorough and documented verification, is found to be the only supplier in all the territories covered by an intergovernmental agreement on the opening of public procurement that is applicable to municipalities;

(2.1)  that is entered into with a non-profit body and that is an insurance contract or a contract for the supply of services other than services listed in subparagraph 2.3 and other than services involving the collection, transport, transfer, recycling or recovery of residual materials;

(2.2)  whose object is the supply of services and that is entered into with a solidarity cooperative whose articles include a clause prohibiting the allotment of rebates or the payment of interest on any category of preferred shares unless the rebate is allotted or the interest is paid to a municipality, the Union des municipalités du Québec or the Fédération québécoise des municipalités locales et régionales (FQM), and that is designated by the Minister under subparagraph 5 of the first paragraph of section 573.3.5 of the Cities and Towns Act (chapter C-19);

(2.3)  that is a contract entered into with a non-profit body and involving an expenditure below the expenditure ceiling allowing the territory from which the tenders originate to be limited in the case of contracts for the supply of services under subarticle 2.1 of article 935, and whose object is any of the following:

(a)  courier or mail services, including email;

(b)  fax services;

(c)  real estate services;

(d)  computer services, including consultation services for the purchase or installation of computer software or hardware, and data processing services;

(e)  maintenance or repair services for office equipment;

(f)  management consulting services, except arbitration, mediation or conciliation services with regard to human resources management;

(g)  architectural or engineering services, except those related to transportation infrastructure construction;

(h)  architectural landscaping services;

(i)  land use and planning services;

(j)  test, analysis or inspection services for quality control;

(k)  exterior and interior building cleaning services; and

(l)  machinery or equipment repair services;

(2.4)  that is a supply contract entered into with a non-profit body and involving an expenditure below the expenditure ceiling allowing the territory from which the tenders originate to be limited in the case of supply contracts under subarticle 2.1 of article 935;

(3)  whose object is the supply of bulk trucking services and that is entered into through the holder of a brokerage permit issued under the Transport Act (chapter T-12);

(4)  whose object is the supply of movable property or services related to cultural or artistic fields or the supply of subscriptions;

(5)  whose object is the supply of media space for the purposes of a publicity campaign or for promotional purposes;

(6)  whose object, which stems from the use of a software package or software product, is to

(a)  ensure compatibility with existing systems, software packages or software products;

(b)  ensure the protection of exclusive rights such as copyrights, patents or exclusive licences;

(c)  carry out research and development;

(d)  produce a prototype or original concept;

(7)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids and that is entered into with the owner of the mains or installations or with a public utility, for a price corresponding to the price usually charged by an undertaking generally performing such work;

(8)  whose object is the supply of services by a supplier in a monopoly position in the field of communications, electricity or gas; or

(9)  whose object is the maintenance of specialized equipment that must be carried out by the manufacturer or its representative;

(10)  whose object is the performance of work on a railway right-of-way used as such, entered into with the owner or operator of the railway, for a price corresponding to the price usually charged by an undertaking generally performing such work.

If a professional services contract for the drawing up of plans and specifications was the subject of a call for tenders, article 936 and any regulation made under article 938.0.1 do not apply to a contract entered into with the designer of those plans and specifications for

(1)  their adaptation or modification for the carrying out of the work for the purposes for which they were prepared; or

(2)  the supervision of the work related to such modification or adaptation or, within the scope of a fixed-price contract, related to an extension of the duration of the work.

Article 936 does not apply to a contract

(1)  covered by the regulation in force made under article 938.0.1 or 938.0.2; or

(2)  that is an insurance contract, supply contract or contract for the supply of services and that is entered into with a solidarity cooperative whose articles include a clause prohibiting the allotment of rebates or the payment of interest on any category of preferred shares unless the rebate is allotted or the interest is paid to a municipality, the Union des municipalités du Québec or the Fédération québécoise des municipalités locales et régionales (FQM).

1979, c. 36, s. 47; 1985, c. 27, s. 59; 1996, c. 2, s. 455; 1999, c. 82, s. 20; 2001, c. 25, s. 56; 2001, c. 68, s. 39; 2002, c. 37, s. 110; 2003, c. 19, s. 148; 2005, c. 28, s. 59; 2006, c. 60, s. 39; 2009, c. 26, s. 32; 2010, c. 18, s. 45; 2010, c. 42, s. 6; 2017, c. 13, s. 99; 2018, c. 8, s. 92.

2017-06-16

938. Articles 935, 936 and 938.0.2 do not apply to a contract

(1)  whose object is the supply of equipment or materials or the providing of services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or body thereof;

(2)  whose object is the supply of insurance, equipment, materials or services and that is entered into with a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), or a supplier found, after thorough and documented verification, to be the only one in all the territories covered by an intergovernmental agreement on the opening of public procurement applicable to the municipality that is in a position to provide the equipment, materials or services, or, if the object of the contract is the providing of professional services referred to in article 938.0.2, the only one within Québec that is in a position to provide the services;

(2.1)  whose object is the supply of insurance, equipment, materials or services other than the collection, transport, transfer, recycling or recovery of residual materials and that is entered into with a non-profit agency;

(3)  whose object is the supply of bulk trucking services and that is entered into through the holder of a brokerage permit issued under the Transport Act (chapter T-12);

(4)  whose object is the supply of movable property or services related to cultural or artistic fields, subscriptions or computer software for educational purposes;

(5)  whose object is the supply of media space for the purposes of a publicity campaign or for promotional purposes;

(6)  whose object, which stems from the use of a software package or software product, is to

(a)  ensure compatibility with existing systems, software packages or software products;

(b)  ensure the protection of exclusive rights such as copyrights, patents or exclusive licences;

(c)  carry out research and development;

(d)  produce a prototype or original concept;

(7)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids and that is entered into with the owner of the mains or installations or with a public utility, for a price corresponding to the price usually charged by an undertaking generally performing such work;

(8)  whose object is the supply of services by a supplier in a monopoly position in the field of communications, electricity or gas; or

(9)  whose object is the maintenance of specialized equipment that must be carried out by the manufacturer or its representative;

(10)  whose object is the performance of work on a railway right-of-way used as such, entered into with the owner or operator of the railway, for a price corresponding to the price usually charged by an undertaking generally performing such work.

If a professional services contract for the drawing up of plans and specifications was the subject of a call for tenders, articles 936 and 938.0.2 do not apply to a contract entered into with the designer of those plans and specifications for

(1)  their adaptation or modification for the carrying out of the work for the purposes for which they were prepared; or

(2)  the supervision of the work related to such modification or adaptation or, within the scope of a fixed-price contract, related to an extension of the duration of the work.

Article 936 does not apply to a contract

(1)  covered by the regulation in force made under article 938.0.1; or

(2)  whose object is the supply of insurance, equipment, materials or services and that is entered into with a solidarity cooperative whose articles include a clause prohibiting the allotment of rebates or the payment of interest on any category of preferred shares unless the rebate is allotted or the interest is paid to a municipality, the Union des municipalités du Québec or the Fédération québécoise des municipalités locales et régionales (FQM).

1979, c. 36, s. 47; 1985, c. 27, s. 59; 1996, c. 2, s. 455; 1999, c. 82, s. 20; 2001, c. 25, s. 56; 2001, c. 68, s. 39; 2002, c. 37, s. 110; 2003, c. 19, s. 148; 2005, c. 28, s. 59; 2006, c. 60, s. 39; 2009, c. 26, s. 32; 2010, c. 18, s. 45; 2010, c. 42, s. 6; 2017, c. 13, s. 99.

2010-12-10

938. Articles 935, 936 and 938.0.2 do not apply to a contract

(1)  whose object is the supply of equipment or materials or the providing of services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or body thereof;

(2)  whose object is the supply of insurance, equipment, materials or services and that is entered into with a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), or a supplier found, after thorough and documented verification, to be the only one in all the territories covered by an intergovernmental agreement on the opening of public procurement applicable to the municipality that is in a position to provide the equipment, materials or services, or, if the object of the contract is the providing of professional services referred to in article 938.0.2, the only one within Québec that is in a position to provide the services;

(2.1)  whose object is the supply of insurance, equipment, materials or services other than the collection, transport, transfer, recycling or recovery of residual materials and that is entered into with a non-profit agency;

(3)  whose object is the supply of bulk trucking services and that is entered into through the holder of a brokerage permit issued under the Transport Act (chapter T-12);

(4)  whose object is the supply of movable property or services related to cultural or artistic fields, subscriptions or computer software for educational purposes;

(5)  whose object is the supply of media space for the purposes of a publicity campaign or for promotional purposes;

(6)  whose object, which stems from the use of a software package or software product, is to

(a)  ensure compatibility with existing systems, software packages or software products;

(b)  ensure the protection of exclusive rights such as copyrights, patents or exclusive licences;

(c)  carry out research and development;

(d)  produce a prototype or original concept;

(7)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids and that is entered into with the owner of the mains or installations or with a public utility, for a price corresponding to the price usually charged by an undertaking generally performing such work;

(8)  whose object is the supply of services by a supplier in a monopoly position in the field of communications, electricity or gas; or

(9)  whose object is the maintenance of specialized equipment that must be carried out by the manufacturer or its representative;

(10)  whose object is the performance of work on a railway right-of-way used as such, entered into with the owner or operator of the railway, for a price corresponding to the price usually charged by an undertaking generally performing such work.

If a professional services contract for the drawing up of plans and specifications was the subject of a call for tenders, articles 936 and 938.0.2 do not apply to a contract entered into with the designer of those plans and specifications for

(1)  their adaptation or modification for the carrying out of the work for the purposes for which they were prepared; or

(2)  the supervision of the work related to such modification or adaptation or, within the scope of a fixed-price contract, related to an extension of the duration of the work.

Article 936 does not apply to a contract covered by the regulation in force made under article 938.0.1.

1979, c. 36, s. 47; 1985, c. 27, s. 59; 1996, c. 2, s. 455; 1999, c. 82, s. 20; 2001, c. 25, s. 56; 2001, c. 68, s. 39; 2002, c. 37, s. 110; 2003, c. 19, s. 148; 2005, c. 28, s. 59; 2006, c. 60, s. 39; 2009, c. 26, s. 32; 2010, c. 18, s. 45; 2010, c. 42, s. 6.

2010-06-11

938. Articles 935, 936 and 938.0.2 do not apply to a contract

(1)  whose object is the supply of equipment or materials or the providing of services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or body thereof;

(2)  whose object is the supply of insurance, equipment, materials or services and that is entered into with a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), or a supplier found, after thorough and documented verification, to be the only one in all the territories covered by an intergovernmental agreement on the opening of public procurement applicable to the municipality that is in a position to provide the equipment, materials or services, or, if the object of the contract is the providing of professional services referred to in article 938.0.2, the only one within Québec that is in a position to provide the services;

(2.1)  whose object is the supply of insurance, equipment, materials or services other than the collection, transport, transfer, recycling or recovery of residual materials and that is entered into with a non-profit agency;

(3)  whose object is the supply of bulk trucking services and that is entered into through the holder of a brokerage permit issued under the Transport Act (chapter T-12);

(4)  whose object is the supply of movable property or services related to cultural or artistic fields, subscriptions or computer software for educational purposes;

(5)  whose object is the supply of media space for the purposes of a publicity campaign or for promotional purposes;

(6)  whose object, which stems from the use of a software package or software product, is to

(a)  ensure compatibility with existing systems, software packages or software products;

(b)  ensure the protection of exclusive rights such as copyrights, patents or exclusive licences;

(c)  carry out research and development;

(d)  produce a prototype or original concept;

(7)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids and that is entered into with the owner of the mains or installations or with a public utility, for a price corresponding to the price usually charged by an undertaking generally performing such work;

(8)  whose object is the supply of services by a supplier in a monopoly position in the field of communications, electricity or gas; or

(9)  whose object is the maintenance of specialized equipment that must be carried out by the manufacturer or its representative;

(10)  whose object is the performance of work on a railway right-of-way used as such, entered into with the owner or operator of the railway, for a price corresponding to the price usually charged by an undertaking generally performing such work.

Articles 936 and 938.0.2 do not apply to a professional services contract entered into with the designer of plans and specifications for adaptation, modification or supervision work where the plans and specifications are used and the contract relating to their design was the subject of a call for tenders.

Article 936 does not apply to a contract covered by the regulation in force made under article 938.0.1.

1979, c. 36, s. 47; 1985, c. 27, s. 59; 1996, c. 2, s. 455; 1999, c. 82, s. 20; 2001, c. 25, s. 56; 2001, c. 68, s. 39; 2002, c. 37, s. 110; 2003, c. 19, s. 148; 2005, c. 28, s. 59; 2006, c. 60, s. 39; 2009, c. 26, s. 32; 2010, c. 18, s. 45.

2009-06-17

938. Articles 935, 936 and 938.0.2 do not apply to a contract

(1)  whose object is the supply of equipment or materials or the providing of services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or body thereof;

(2)  whose object is the supply of insurance, equipment, materials or services and that is entered into with a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), or a supplier found, after thorough and documented verification, to be the only one in all the provinces and territories of Canada that is in a position to provide the equipment, materials or services, or, if the object of the contract is the providing of professional services referred to in article 938.0.2, the only one within Québec that is in a position to provide the services;

(2.1)  whose object is the supply of insurance, equipment, materials or services other than the collection, transport, transfer, recycling or recovery of residual materials and that is entered into with a non-profit agency;

(3)  whose object is the supply of bulk trucking services and that is entered into through the holder of a brokerage permit issued under the Transport Act (chapter T-12);

(4)  whose object is the supply of movable property or services related to cultural or artistic fields, subscriptions or computer software for educational purposes;

(5)  whose object is the supply of media space for the purposes of a publicity campaign or for promotional purposes;

(6)  whose object, which stems from the use of a software package or software product, is to

(a)  ensure compatibility with existing systems, software packages or software products;

(b)  ensure the protection of exclusive rights such as copyrights, patents or exclusive licences;

(c)  carry out research and development;

(d)  produce a prototype or original concept;

(7)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids and that is entered into with the owner of the mains or installations or with a public utility, for a price corresponding to the price usually charged by an undertaking generally performing such work;

(8)  whose object is the supply of services by a supplier in a monopoly position in the field of communications, electricity or gas; or

(9)  whose object is the maintenance of specialized equipment that must be carried out by the manufacturer or its representative;

(10)  whose object is the performance of work on a railway right-of-way used as such, entered into with the owner or operator of the railway, for a price corresponding to the price usually charged by an undertaking generally performing such work.

Articles 936 and 938.0.2 do not apply to a professional services contract entered into with the designer of plans and specifications for adaptation, modification or supervision work where the plans and specifications are used and the contract relating to their design was the subject of a call for tenders.

Article 936 does not apply to a contract covered by the regulation in force made under article 938.0.1.

1979, c. 36, s. 47; 1985, c. 27, s. 59; 1996, c. 2, s. 455; 1999, c. 82, s. 20; 2001, c. 25, s. 56; 2001, c. 68, s. 39; 2002, c. 37, s. 110; 2003, c. 19, s. 148; 2005, c. 28, s. 59; 2006, c. 60, s. 39; 2009, c. 26, s. 32.

2006-12-14

938. Articles 935, 936 and 938.0.2 do not apply to a contract

(1)  whose object is the supply of equipment or materials or the providing of services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or body thereof;

(2)  whose object is the supply of insurance, equipment, materials or services and that is entered into with a non-profit agency, a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), or a supplier found, after thorough and documented verification, to be the only one in all the provinces and territories of Canada that is in a position to provide the equipment, materials or services, or, if the object of the contract is the providing of professional services referred to in article 938.0.2, the only one within Québec that is in a position to provide the services;

(3)  whose object is the supply of bulk trucking services and that is entered into through the holder of a brokerage permit issued under the Transport Act (chapter T-12);

(4)  whose object is the supply of movable property or services related to cultural or artistic fields, subscriptions or computer software for educational purposes;

(5)  whose object is the supply of media space for the purposes of a publicity campaign or for promotional purposes;

(6)  whose object, which stems from the use of a software package or software product, is to

(a)  ensure compatibility with existing systems, software packages or software products;

(b)  ensure the protection of exclusive rights such as copyrights, patents or exclusive licences;

(c)  carry out research and development;

(d)  produce a prototype or original concept;

(7)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids and that is entered into with the owner of the mains or installations or with a public utility, for a price corresponding to the price usually charged by an undertaking generally performing such work;

(8)  whose object is the supply of services by a supplier in a monopoly position in the field of communications, electricity or gas; or

(9)  whose object is the maintenance of specialized equipment that must be carried out by the manufacturer or its representative;

(10)  whose object is the performance of work on a railway right-of-way used as such, entered into with the owner or operator of the railway, for a price corresponding to the price usually charged by an undertaking generally performing such work.

Articles 936 and 938.0.2 do not apply to a professional services contract entered into with the designer of plans and specifications for adaptation, modification or supervision work where the plans and specifications are used and the contract relating to their design was the subject of a call for tenders.

Article 936 does not apply to a contract covered by the regulation in force made under article 938.0.1.

1979, c. 36, s. 47; 1985, c. 27, s. 59; 1996, c. 2, s. 455; 1999, c. 82, s. 20; 2001, c. 25, s. 56; 2001, c. 68, s. 39; 2002, c. 37, s. 110; 2003, c. 19, s. 148; 2005, c. 28, s. 59; 2006, c. 60, s. 39.

2005-06-17

938. Articles 935 and 936 do not apply to a contract

(1)  whose object is the supply of equipment or materials or the providing of services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or body thereof;

(2)  whose object is the supply of insurance, equipment, materials or services and that is entered into with a non-profit agency, a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), or a supplier found, after thorough and documented verification, to be the only one in all the provinces and territories of Canada that is in a position to provide the equipment, materials or services;

(3)  whose object is the supply of bulk trucking services and that is entered into through the holder of a brokerage permit issued under the Transport Act (chapter T-12);

(4)  whose object is the supply of movable property or services related to cultural or artistic fields, subscriptions or computer software for educational purposes;

(5)  whose object is the supply of media space for the purposes of a publicity campaign or for promotional purposes;

(6)  whose object, which stems from the use of a software package or software product, is to

(a)  ensure compatibility with existing systems, software packages or software products;

(b)  ensure the protection of exclusive rights such as copyrights, patents or exclusive licences;

(c)  carry out research and development;

(d)  produce a prototype or original concept;

(7)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids and that is entered into with the owner of the mains or installations or with a public utility, for a price corresponding to the price usually charged by an undertaking generally performing such work;

(8)  whose object is the supply of services by a supplier in a monopoly position in the field of communications, electricity or gas; or

(9)  whose object is the maintenance of specialized equipment that must be carried out by the manufacturer or its representative;

(10)  whose object is the performance of work on a railway right-of-way used as such, entered into with the owner or operator of the railway, for a price corresponding to the price usually charged by an undertaking generally performing such work.

Articles 936 and 938.0.2 do not apply to a professional services contract entered into with the designer of plans and specifications for adaptation, modification or supervision work where the plans and specifications are used and the contract relating to their design was the subject of a call for tenders.

Article 936 does not apply to a contract covered by the regulation in force made under article 938.0.1.

1979, c. 36, s. 47; 1985, c. 27, s. 59; 1996, c. 2, s. 455; 1999, c. 82, s. 20; 2001, c. 25, s. 56; 2001, c. 68, s. 39; 2002, c. 37, s. 110; 2003, c. 19, s. 148; 2005, c. 28, s. 59.

2003-12-18

938. Articles 935 and 936 do not apply to a contract

(1)  whose object is the supply of equipment or materials or the providing of services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or body thereof;

(2)  whose object is the supply of insurance, equipment, materials or services and that is entered into with a non-profit agency, a public body within the meaning of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), or a supplier found, after thorough and documented verification, to be the only one in all the provinces and territories of Canada that is in a position to provide the equipment, materials or services;

(3)  whose object is the supply of bulk trucking services and that is entered into through the holder of a brokerage permit issued under the Transport Act (chapter T-12);

(4)  whose object is the supply of movable property or services related to cultural or artistic fields, subscriptions or computer software for educational purposes;

(5)  whose object is the supply of media space for the purposes of a publicity campaign or for promotional purposes;

(6)  whose object, which stems from the use of a software package or software product, is to

(a)  ensure compatibility with existing systems, software packages or software products;

(b)  ensure the protection of exclusive rights such as copyrights, patents or exclusive licences;

(c)  carry out research and development;

(d)  produce a prototype or original concept;

(7)  whose object is the performance of work to remove, move or reconstruct mains or installations for waterworks, sewers, electricity, gas, steam, telecommunications, oil or other fluids and that is entered into with the owner of the mains or installations or with a public utility, for a price corresponding to the price usually charged by an undertaking generally performing such work;

(8)  whose object is the supply of services by a supplier in a monopoly position in the field of communications, electricity or gas; or

(9)  whose object is the maintenance of specialized equipment that must be carried out by the manufacturer or its representative.

Articles 936 and 938.0.2 do not apply to a professional services contract entered into with the designer of plans and specifications for adaptation, modification or supervision work where the plans and specifications are used and the contract relating to their design was the subject of a call for tenders.

Article 936 does not apply to a contract covered by the regulation in force made under article 938.0.1.

1979, c. 36, s. 47; 1985, c. 27, s. 59; 1996, c. 2, s. 455; 1999, c. 82, s. 20; 2001, c. 25, s. 56; 2001, c. 68, s. 39; 2002, c. 37, s. 110; 2003, c. 19, s. 148.

2002-06-14

938. Articles 935 and 936 do not apply to a contract

(1)  whose object is the supply of equipment or materials or the providing of services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or body thereof;

(2)  whose object is the supply of equipment or materials and that is entered into with a municipality;

(3)  whose object is the supply of bulk trucking services and that is entered into through the holder of a brokerage permit issued under the Transport Act (chapter T-12);

(4)  whose object is the supply of movable property or services related to cultural or artistic fields, subscriptions or computer software for educational purposes;

(5)  whose object is the supply of media space for the purposes of a publicity campaign or for promotional purposes;

(6)  whose object results from the use of a software package or software product designed to

(a)  ensure compatibility with existing systems, software packages or software products;

(b)  ensure the protection of exclusive rights such as copyrights, patents or exclusive licences;

(c)  carry out research and development;

(d)  protect a prototype or original concept.

Articles 936 and 938.0.2 do not apply to a professional services contract entered into with the designer of plans and specifications for adaptation, modification or supervision work where the plans and specifications are used and the contract relating to their design was the subject of a call for tenders.

Article 936 does not apply to a contract covered by the regulation in force made under article 938.0.1.

1979, c. 36, s. 47; 1985, c. 27, s. 59; 1996, c. 2, s. 455; 1999, c. 82, s. 20; 2001, c. 25, s. 56; 2001, c. 68, s. 39; 2002, c. 37, s. 110.

2001-12-20

938. Articles 935 and 936 do not apply to a contract involving the supply of equipment, materials or services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or agency thereof, nor to a contract involving the supply of equipment or materials entered into between municipalities.

Articles 935 and 936 do not apply to a contract in respect of movable property or services related to cultural or artistic fields, a contract in respect of subscriptions or computer software for educational purposes or a bulk trucking contract entered into through the holder of a brokerage permit issued under the Transport Act (chapter T-12).

Articles 936 and 938.0.2 do not apply to a professional services contract entered into with the designer of plans and specifications for adaptation, modification or supervision work where the plans and specifications are used and the contract relating to their design was the subject of a call for tenders.

Article 936 does not apply to a contract covered by the regulation in force made under article 938.0.1.

1979, c. 36, s. 47; 1985, c. 27, s. 59; 1996, c. 2, s. 455; 1999, c. 82, s. 20; 2001, c. 25, s. 56; 2001, c. 68, s. 39.

2001-06-21

938. Articles 935 and 936 do not apply to a contract involving the supply of equipment, materials or services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or agency thereof, nor to a contract involving the supply of equipment or materials entered into between municipalities.

Articles 935 and 936 do not apply to a bulk trucking contract entered into through the holder of a brokerage permit issued under the Transport Act (chapter T-12).

1979, c. 36, s. 47; 1985, c. 27, s. 59; 1996, c. 2, s. 455; 1999, c. 82, s. 20; 2001, c. 25, s. 56.

2000-01-01

938. Articles 935 and 936 do not apply to a contract involving the supply of equipment, materials or services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or agency thereof, nor to a contract involving the supply of equipment or materials entered into between municipalities.

Articles 935 and 936 do not apply to a contract to devise energy saving measures for the municipality if the contract involves professional services and the execution of work or the supply of equipment, materials or services other than professional services.

Articles 935 and 936 do not apply to a bulk trucking contract entered into through the holder of a brokerage permit issued under the Transport Act (chapter T-12).

1979, c. 36, s. 47; 1985, c. 27, s. 59; 1996, c. 2, s. 455; 1999, c. 82, s. 20.

1996-05-08

938. Articles 935 and 936 do not apply to a contract involving the supply of equipment, materials or services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or agency thereof, nor to a contract involving the supply of equipment or materials entered into between municipalities.

Articles 935 and 936 do not apply to a contract to devise energy saving measures for the municipality if the contract involves professional services and the execution of work or the supply of equipment, materials or services other than professional services.

1979, c. 36, s. 47; 1985, c. 27, s. 59; 1996, c. 2, s. 455.

1985-06-20

938. Articles 935 and 936 do not apply to a contract involving the supply of equipment, materials or services for which a tariff is fixed or approved by the Government of Canada or of Québec or by a minister or agency thereof, nor to a contract involving the supply of equipment or materials entered into between municipal corporations.

Articles 935 and 936 do not apply to a contract to devise energy saving measures for the municipality if the contract involves professional services and the execution of work or the supply of equipment, materials or services other than professional services.

1979, c. 36, s. 47; 1985, c. 27, s. 59.

0001-01-01

938. Articles 935 and 936 do not apply to any contract for the supply of equipment or materials or for the supply of services on which a tariff is fixed or approved by the Government of Canada or the Gouvernement du Québec or any minister or agency thereof.

1979, c. 36, s. 47.