S-30.01 - Act respecting public transit authorities

Article 103.2 Versions de la disposition

2024-12-06

103.2. Every transit authority must adopt a by-law on contract management.

The by-law is applicable to all contracts, including contracts that are not described in any of the subparagraphs of the first paragraph of section 93 or in section 101.

The by-law must include

1°  measures to ensure compliance with any applicable anti-bid-rigging legislation;

2°  measures to ensure compliance with the Lobbying Transparency and Ethics Act (chapter T-11.011) and the Code of Conduct for Lobbyists (chapter T-11.011, r. 2) adopted under that Act;

3°  measures to prevent intimidation, influence peddling and corruption;

4°  measures to prevent conflict of interest situations;

5°  measures to prevent any other situation likely to compromise the impartiality or objectivity of the call for tenders or the management of the resulting contract;

6°  measures to govern the making of decisions authorizing the amendment of a contract;

6.1°  measures to promote Québec or otherwise Canadian goods and services as well as suppliers, insurers and contractors having an establishment in Québec or elsewhere in Canada for the making of any contract that involves an expenditure below the expenditure threshold for a contract that may be awarded only after a public call for tenders under section 95; and

7°  measures to promote rotation among prospective contracting parties for contracts that involve an expenditure of at least $25,000 but below the expenditure threshold for a contract that may be awarded only after a public call for tenders under section 95, to the extent that those contracts may be made by agreement under the rules adopted under the fourth paragraph or are covered by a measure taken under subparagraph 6.1.

The by-law may prescribe the rules governing the making of contracts that involve an expenditure of at least $25,000 but below the expenditure threshold for a contract that may be awarded only after a public call for tenders under section 95. The rules may vary according to determined categories of contracts. Where such rules are in force, neither the second paragraph of section 93 nor section 94 apply to those contracts.

The by-law, and any other by-law regarding contract management, in particular any by-law delegating the power to incur an expense or make a contract, must be permanently published on the transit authority’s website.

Not later than 30 days after the day on which a by-law is adopted under this section, the secretary of the transit authority must send a certified copy of it to the Minister of Municipal Affairs, Regions and Land Occupancy.

The transit authority shall table a report on the application of the by-law at least once a year at a sitting of the board of directors.

As regards non-compliance with a measure included in the by-law, section 108.2 applies only in the case of a contract for which the contracting process began after the date as of which the measure was included in the by-law.

2010, c. 1, s. 58; 2010, c. 18, s. 93; 2010, c. 42, s. 34; 2016, c. 17, s. 125; 2017, c. 13, s. 206; 2018, c. 8, s. 228; 2024, c. 24, s. 172.

2018-04-19

103.2. Every transit authority must adopt a by-law on contract management.

The by-law is applicable to all contracts, including contracts that are not described in any of the subparagraphs of the first paragraph of section 93 or in section 101.

The by-law must include

1°  measures to ensure compliance with any applicable anti-bid-rigging legislation;

2°  measures to ensure compliance with the Lobbying Transparency and Ethics Act (chapter T-11.011) and the Code of Conduct for Lobbyists (chapter T-11.011, r. 2) adopted under that Act;

3°  measures to prevent intimidation, influence peddling and corruption;

4°  measures to prevent conflict of interest situations;

5°  measures to prevent any other situation likely to compromise the impartiality or objectivity of the call for tenders or the management of the resulting contract;

6°  measures to govern the making of decisions authorizing the amendment of a contract; and

7°  measures to promote rotation among prospective contracting parties for contracts that may be made by agreement under the rules adopted under the fourth paragraph and that involve an expenditure of at least $25,000 but below the expenditure threshold for a contract that may be awarded only after a public call for tenders under section 95.

The by-law may prescribe the rules governing the making of contracts that involve an expenditure of at least $25,000 but below the expenditure threshold for a contract that may be awarded only after a public call for tenders under section 95. The rules may vary according to determined categories of contracts. Where such rules are in force, neither the second paragraph of section 93 nor section 94 apply to those contracts.

The by-law, and any other by-law regarding contract management, in particular any by-law delegating the power to incur an expense or make a contract, must be permanently published on the transit authority’s website.

Not later than 30 days after the day on which a by-law is adopted under this section, the secretary of the transit authority must send a certified copy of it to the Minister of Municipal Affairs, Regions and Land Occupancy.

The transit authority shall table a report on the application of the by-law at least once a year at a sitting of the board of directors.

As regards non-compliance with a measure included in the by-law, section 108.2 applies only in the case of a contract for which the contracting process began after the date as of which the measure was included in the by-law.

2010, c. 1, s. 58; 2010, c. 18, s. 93; 2010, c. 42, s. 34; 2016, c. 17, s. 125; 2017, c. 13, s. 206; 2018, c. 8, s. 228.

2018-01-01

103.2. Every transit authority must adopt a by-law on contract management.

The by-law is applicable to all contracts, including contracts that are not described in any of the subparagraphs of the first paragraph of section 93 or in section 101.

The by-law must include

1°  measures to ensure compliance with any applicable anti-bid-rigging legislation;

2°  measures to ensure compliance with the Lobbying Transparency and Ethics Act (chapter T-11.011) and the Code of Conduct for Lobbyists (chapter T-11.011, r. 2) adopted under that Act;

3°  measures to prevent intimidation, influence peddling and corruption;

4°  measures to prevent conflict of interest situations;

5°  measures to prevent any other situation likely to compromise the impartiality or objectivity of the call for tenders or the management of the resulting contract;

6°  measures to govern the making of decisions authorizing the amendment of a contract; and

7°  for contracts that involve an expenditure of less than $100,000 and that may be entered into by mutual agreement, measures to ensure rotation among potential contracting parties.

The by-law may prescribe the rules governing the making of contracts that involve an expenditure of at least $25,000 but less than $100,000. The rules may vary according to determined categories of contracts. Where such rules are in force, neither the second paragraph of section 93 nor section 94 apply to those contracts.

The by-law, and any other by-law regarding contract management, in particular any by-law delegating the power to incur an expense or make a contract, must be permanently published on the transit authority’s website.

Not later than 30 days after the day on which a by-law is adopted under this section, the secretary of the transit authority must send a certified copy of it to the Minister of Municipal Affairs, Regions and Land Occupancy.

The transit authority shall table a report on the application of the by-law at least once a year at a sitting of the board of directors.

As regards non-compliance with a measure included in the by-law, section 108.2 applies only in the case of a contract for which the contracting process began after the date as of which the measure was included in the by-law.

2010, c. 1, s. 58; 2010, c. 18, s. 93; 2010, c. 42, s. 34; 2016, c. 17, s. 125; 2017, c. 13, s. 206.

2016-06-10

103.2. A transit authority must adopt a contract management policy.

Such a policy is applicable to all contracts, including contracts that are not described in any of the subparagraphs of the first paragraph of section 93 or in section 101.

The contract management policy must include

1°  (subparagraph repealed);

2°  measures to promote compliance with applicable anti-bid-rigging legislation;

3°  measures to ensure compliance with the Lobbying Transparency and Ethics Act (chapter T-11.011) and the Code of Conduct for Lobbyists (chapter T-11.011, r. 2) adopted under that Act;

4°  measures to prevent intimidation, influence peddling and corruption;

5°  measures to prevent conflict of interest situations;

6°  measures to prevent any other situation likely to compromise the impartiality or objectivity of the call for tenders or the management of the resulting contract; and

7°  measures to govern the making of decisions authorizing the amendment of a contract.

The transit authority must make its policy available at all times by publishing it on its website.

It must also make available, in the same manner, any by-law regarding contract management, in particular any by-law delegating the power to incur an expense or make a contract.

Not later than 30 days after the day on which the policy or any resolution amending the policy is adopted, the secretary must send a certified copy of it to the Minister of Municipal Affairs, Regions and Land Occupancy.

As regards non-compliance with a measure included in the contract management policy, section 108.2 applies only in the case of a contract for which the awarding process began after the date as of which the measure was included in the policy.

2010, c. 1, s. 58; 2010, c. 18, s. 93; 2010, c. 42, s. 34; 2016, c. 17, s. 125.

2011-03-01

103.2. A transit authority must adopt a contract management policy.

Such a policy is applicable to all contracts, including contracts that are not described in any of the subparagraphs of the first paragraph of section 93 or in section 101.

The contract management policy must include

1°  measures to ensure that no tenderer or representative of a tenderer has communicated or attempted to communicate with a member of the selection committee in order to influence the member concerning the call for tenders for which the tenderer or representative submitted a tender;

2°  measures to promote compliance with applicable anti-bid-rigging legislation;

3°  measures to ensure compliance with the Lobbying Transparency and Ethics Act (chapter T-11.011) and the Code of Conduct for Lobbyists (chapter T-11.011, r. 2) adopted under that Act;

4°  measures to prevent intimidation, influence peddling and corruption;

5°  measures to prevent conflict of interest situations;

6°  measures to prevent any other situation likely to compromise the impartiality or objectivity of the call for tenders or the management of the resulting contract; and

7°  measures to govern the making of decisions authorizing the amendment of a contract.

The transit authority must make its policy available at all times by publishing it on its website.

Not later than 30 days after the day on which the policy or any resolution amending the policy is adopted, the secretary must send a certified copy of it to the Minister of Municipal Affairs, Regions and Land Occupancy.

As regards non-compliance with a measure included in the contract management policy, section 108.2 applies only in the case of a contract for which the awarding process began after the date as of which the measure was included in the policy.

2010, c. 1, s. 58; 2010, c. 18, s. 93; 2010, c. 42, s. 34.

2010-12-10

103.2. A transit authority must adopt a contract management policy.

Such a policy is applicable to all contracts, including contracts that are not described in any of the subparagraphs of the first paragraph of section 93 or in section 101.

The contract management policy must include

1°  measures to ensure that no tenderer or representative of a tenderer has communicated or attempted to communicate with a member of the selection committee in order to influence the member concerning the call for tenders for which the tenderer or representative submitted a tender;

2°  measures to promote compliance with applicable anti-bid-rigging legislation;

3°  measures to ensure compliance with the Lobbying Transparency and Ethics Act (chapter T-11.011) and the code of conduct for lobbyists adopted under that Act;

4°  measures to prevent intimidation, influence peddling and corruption;

5°  measures to prevent conflict of interest situations;

6°  measures to prevent any other situation likely to compromise the impartiality or objectivity of the call for tenders or the management of the resulting contract; and

7°  measures to govern the making of decisions authorizing the amendment of a contract.

The transit authority must make its policy available at all times by publishing it on its website.

Not later than 30 days after the day on which the policy or any resolution amending the policy is adopted, the secretary must send a certified copy of it to the Minister of Municipal Affairs, Regions and Land Occupancy.

As regards non-compliance with a measure included in the contract management policy, section 108.2 applies only in the case of a contract for which the awarding process began after the date as of which the measure was included in the policy.

2010, c. 1, s. 58; 2010, c. 18, s. 93; 2010, c. 42, s. 34.

2010-06-11

103.2. A transit authority must adopt a contract management policy.

Such a policy is applicable to all contracts, including contracts that are not described in any of the subparagraphs of the first paragraph of section 93 or in sectione 101.

The contract management policy must include

1°  measures to ensure that no tenderer or representative of a tenderer has communicated or attempted to communicate with a member of the selection committee in order to influence the member concerning the call for tenders for which the tenderer or representative submitted a tender;

2°  measures to promote compliance with applicable anti-bid-rigging legislation;

3°  measures to ensure compliance with the Lobbying Transparency and Ethics Act (chapter T-11.011) and the code of conduct for lobbyists adopted under that Act;

4°  measures to prevent intimidation, influence peddling and corruption;

5°  measures to prevent conflict of interest situations;

6°  measures to prevent any other situation likely to compromise the impartiality or objectivity of the call for tenders or the management of the resulting contract; and

7°  measures to govern the making of decisions authorizing the amendment of a contract.

The transit authority must make its policy available at all times by publishing it on its website.

As regards non-compliance with a measure included in the contract management policy, section 108.2 applies only in the case of a contract for which the awarding process began after the date as of which the measure was included in the policy.

2010, c. 1, s. 58; 2010, c. 18, s. 93.

2010-03-01

103.2. A transit authority must adopt a contract management policy.

Such a policy is applicable to all contracts, including contracts that are not described in any of the subparagraphs of the first paragraph of section 93 or in sectione 101.

The contract management policy must include

1°  measures to ensure that no tenderer or representative of a tenderer has communicated or attempted to communicate with a member of the selection committee in order to influence the member concerning the call for tenders for which the tenderer or representative submitted a tender;

2°  measures to promote compliance with applicable anti-bid-rigging legislation;

3°  measures to ensure compliance with the Lobbying Transparency and Ethics Act (chapter T-11.011) and the code of conduct for lobbyists adopted under that Act;

4°  measures to prevent intimidation, influence peddling and corruption;

5°  measures to prevent conflict of interest situations; and

6°  measures to prevent any other situation likely to compromise the impartiality or objectivity of the call for tenders or the management of the resulting contract.

The transit authority must make its policy available at all times by publishing it on its website.

As regards non-compliance with a measure included in the contract management policy, section 108.2 applies only in the case of a contract for which the awarding process began after the date as of which the measure was included in the policy.

2010, c. 1, s. 58.