C-65.1 - Act respecting contracting by public bodies

Section 21.2 Disposition versions

2023-10-27

21.2. Any enterprise that responds to a call for tenders for a public contract must, at the time it submits its bid, file a written declaration, in the form determined by government regulation, in which it recognizes that it is aware of the standards of integrity and undertakes to take all measures necessary to meet those standards throughout the duration of the contract.

Likewise, any enterprise that enters into a public contract by mutual agreement evidenced in writing before its execution must, at the time the contract is evidenced, file such a declaration.

This section does not apply to an enterprise that holds an authorization to contract under Division III. The second paragraph does not apply where the conditions of the contract are not subject to any discussion between the public body and the enterprise, in particular where the contract is formed by the body’s pure and simple acceptance of an offer to contract that is made in the ordinary course of business of the enterprise and that is not specifically intended for that body.

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; 2022, c. 18, s. 10; 2023, c. 24, s. 204.

Not in force

Not in force

21.2. Any enterprise interested in entering into a public contract must, by means of a written declaration, recognize that it is aware of the standards of integrity and undertake to take all measures necessary to meet those standards throughout the duration of the contract.

The declaration of integrity is made in the form determined by government regulation and at the time a tender is submitted or, in the case of a contract entered into by mutual agreement, at the time the contract is entered into.

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; 2022, c. 18, s. 10.

2017-12-01

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.

2012-06-15

21.2. If an associate of a contractor described in section 1 is convicted, by a final judgment, of any offence referred to in section 21.1, the contractor is ineligible for public contracts as of the recording of the situation in the register provided for in section 21.6. The situation must be recorded in the register within 20 days after the date on which the chair of the Conseil du trésor is informed of the final judgment.

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 more than 50% 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 contractor.

2011, c. 17, s. 49; 2011, c. 35, s. 47; 2012, c. 21, s. 14.

2012-06-01

21.2. If an associate of a contractor described in section 1 is convicted, by a final judgment, of any offence referred to in section 21.1, the contractor is ineligible for public contracts as of the recording of the situation in the register provided for in section 21.6. The situation must be recorded in the register within 30 days after the date on which the judgment becomes final.

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 more than 50% 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 contractor.

2011, c. 17, s. 49; 2011, c. 35, s. 47.