C-27.1 - Municipal Code of Québec

Section 935 Disposition versions

2021-12-09

2021-03-25

2020-01-10

2018-04-19

2016-06-10

2013-06-26

2011-04-01

2010-09-01

2010-06-11

2009-06-30

2005-06-17

2003-12-18

2002-06-14

2001-12-20

2001-06-21

1999-10-27

1999-10-22

1998-07-01

1997-12-19

1997-09-01

1996-06-20

1996-05-08

1995-06-22

1992-06-23

1988-01-01

0001-01-01

935. (1)  Unless it involves an expenditure of less than $25 000, no insurance contract or contract for the execution of works or the supply of equipment or materials or for the supply of services other than professional services shall be awarded except after a call for public tenders by advertisement in a newspaper.

For the purposes of this subarticle, a contract for the supply of equipment includes also any contract for the leasing of equipment by the municipality with an option to purchase.

(2)  The delay for the receipt of tenders shall not be less than eight days.

(3)  Tenders shall not be called for nor shall the contracts resulting therefrom be awarded except on one or the other of the following bases:

(a)  for a fixed price;

(b)  at unit prices.

(4)  All tenders must be opened publicly in the presence of at least two witnesses, on the day and at the hour and place mentioned in the call for tenders.

(5)  All those who have tendered may be present at the opening of the tenders.

(6)  The names of the tenderers and their respective prices must be mentioned aloud at the opening of the tenders.

(7)  The council shall not, without the previous authorization of the Minister of Municipal Affairs, award the contract to any person except the one who made the lowest tender within the prescribed delay.

(8)  If, however, to comply with the conditions for the making of a government grant, it is necessary that the contract be awarded to any person except the one who made the lowest tender within the prescribed delay, the council may, without the authorization of the Minister, award the contract to the person whose tender is the lowest among the persons fulfilling those conditions, if that tender was made within the prescribed delay.

(9)  The member of a council who knowingly, by his vote or otherwise, authorizes or effects:

(a)  the awarding or the making, without public tenders, of a contract which, according to subarticle 1, is subject to that formality; or

(b)  the awarding or the making of a contract in contravention to the requirements of subarticle 7,

may be declared disqualified to hold any municipal office for two years and may be held personally liable to the corporation for any loss or damage it may have suffered.

The liability mentioned in this subarticle is joint and several, and it also applies to every officer or employee of the corporation and to every other person who knowingly becomes party to the illegal act.

Proceedings in declaration of disqualification shall be taken in conformity with articles 838 to 843 of the Code of Civil Procedure (chapter C-25); an ordinary action shall be taken to obtain compensation for loss or damage. Such recourses may be exercised by any ratepayer.

This article prevails over any inconsistent provision of article 1131.

M.C. 1916, a. 625; 1977, c. 53, s. 37; 1979, c. 36, s. 45; 1983, c. 57, s. 26.