C-65.1 - Act respecting contracting by public bodies

Article 27.19 Versions de la disposition

2023-06-02

27.19. Persons designated by the president and chief executive officer of the Authority may impose the monetary administrative penalties prescribed in section 27.15 or a regulation made under that section.

For the purposes of the first paragraph, the Authority develops and makes public a general framework for applying such administrative penalties, which specifies, in particular, the following elements:

1°  the purpose of the penalties, such as urging an enterprise to take rapid measures to remedy a failure or deter its repetition;

2°  the categories of functions held by the persons designated to impose penalties;

3°  the criteria that must guide designated persons when a failure to comply has occurred, such as the type of failure, its repetitive nature and the measures taken by the enterprise to remedy it;

4°  the circumstances in which priority will be given to any penal proceedings; and

5°  the other procedures connected with such a penalty, such as the fact that it must be preceded by notification of a notice of non-compliance.

In addition, the general framework must set out the categories of administrative or penal sanctions as defined by the Act or the regulations.

2022, c. 18, s. 54.

Non en vigueur

Not in force

27.19. Persons designated by the president and chief executive officer of the Authority may impose the monetary administrative penalties prescribed in section 27.15 or a regulation made under that section.

For the purposes of the first paragraph, the Authority develops and makes public a general framework for applying such administrative penalties, which specifies, in particular, the following elements:

1°  the purpose of the penalties, such as urging an enterprise to take rapid measures to remedy a failure or deter its repetition;

2°  the categories of functions held by the persons designated to impose penalties;

3°  the criteria that must guide designated persons when a failure to comply has occurred, such as the type of failure, its repetitive nature and the measures taken by the enterprise to remedy it;

4°  the circumstances in which priority will be given to any penal proceedings; and

5°  the other procedures connected with such a penalty, such as the fact that it must be preceded by notification of a notice of non-compliance.

In addition, the general framework must set out the categories of administrative or penal sanctions as defined by the Act or the regulations.

2022, c. 18, s. 54.