Canada: Important Proposed Modification to Québec Public Procurement Rules

Last Updated: June 22 2016
Article by Marc-Alexandre Hudon, Pierre Renaud and Dominic Thérien

Most Read Contributor in Canada, September 2018

On June 8, 2016, the Honourable Carlos J. Leitão, the Minister responsible for Government Administration and Ongoing Program Review and Chair of the Conseil du Trésor, introduced Bill 108: An Act to Facilitate Oversight of Public Bodies' Contracts and to Establish the Autorité des Marchés Publics ("Bill 108" or the "Act").

Bill 108 establishes the Autorité des marchés publics (the "AMP") and introduces various significant changes to the Act Respecting Contracting by Public Bodies as well as several other related statutes.

Main Features

Below is a summary of the key provisions of Bill 108:

Creation of the Autorité des Marchés Publics

  • A new regulatory authority, the AMP, will take over the powers currently exercised by the Public Contracts division of the Autorité des marchés financiers ("AMF");
  • The AMP's principal mission will be to "oversee all public contracts", including tendering and awarding processes for those contracts, to apply the provisions of the Act Respecting Contracting by Public Bodies related to the eligibility of businesses for public contracts and their performance review, and to establish the operating rules of the electronic tendering system;
  • The AMP will be responsible for the administration of the register of enterprises ineligible for public contracts (commonly known as the "RENA") and the register of enterprises authorized to enter into a public contract or subcontract;
  • The AMP will acquire substantial auditing powers with regard to the tendering or awarding process of public contracts. The AMP will have similar powers to investigate the contract management of the Ministère des Transports and any other public body designated by the Government;
  • In the course of an audit, representatives of the AMP will be authorized to enter the premises of a public body or any other premises in which relevant documents or information may be kept. They will also be authorized to use any computer, equipment or other thing found on the premises to audit, examine, process, copy or print out the relevant data;
  • When an audit or investigation is concluded, the AMP may make various orders relating to a public body, including to amend its tender documents and/or the membership of a selection committee. Additionally, the AMP may, at the end of an investigation, suspend or cancel a public contract if the AMP is of the opinion that the seriousness of the breach, as it relates to contract management, justifies suspending or cancelling the contract. Every order issued by the AMP must be made public on its website;
  • The AMP will have broad authority to make recommendations to the Chair of the Conseil du Trésor, in particular with regard to the tendering or awarding processes for public contracts;
  • The AMP will be responsible for receiving and processing complaints from any "interested person" relating to the tendering or awarding process of a public contract. The Act specifically provides that a complaint is not admissible unless it has been filed previously with the public body concerned. Furthermore, the admissibility of a complaint to the AMP will be subject to very short deadlines. The provisions relating to the reception and processing of complaints will gradually come into force, depending on the nature of the contract, between August 31, 2017 and August 31, 2018;
  • The AMP will be authorized to intervene on its own initiative to investigate any tendering or awarding process of a public contract that seems irregular;
  • The Act provides that any person, without risk of reprisal, can provide information to the AMP questioning the compliance of a public body's contract management. The AMP must keep the identity of any such person confidential but may nevertheless communicate the person's identity to the Anti-Corruption Commissioner ("UPAC");
  • The AMP's audit or investigation records will not constitute a declaration, recognition or extrajudicial admission of misconduct capable of establishing a party's civil liability. Modifications to the Act Respecting Contracting by Public Bodies
  • The identity of public bodies subject to the Act Respecting Contracting by Public Bodies isclarified, specifically those that require contractors and subcontractors to hold a contracting authorization from the AMP. The list of public bodies subject to the Act Respecting Contracting by Public Bodies is expanded to include the Commission de la construction du Québec, the Cree-Québec Forestry Board, the Office franco-québécois pour la jeunesse and the Office Québec/Wallonie-Bruxelles pour la jeunesse;
  • Every public body subject to the Act Respecting Contracting by Public Bodies must develop a procedure for receiving and examining complaints;
  • Every business, or its representative, interested in participating in a tender process for a public contract can make a complaint to the public body regarding its process if the conditions set out in the call for tenders do not ensure honest and fair treatment for tenderers. The deadline for receiving tenders may be extended to permit a public body to respond to any complaint;
  • The Act Respecting Contracting by Public Bodies provides that only businesses may be listed in the RENA. Currently, individuals can also by listed in this register;
  • Article 88 of the Integrity in Public Contracts Act, which provides that where the AMP refuses to grant or renew an authorization to contract with public bodies, the applicant is listed in the RENA for a period of 5 years, is incorporated in the Act Respecting Contracting by Public Bodies;
  • The Act Respecting Contracting by Public Bodies explicitly reintroduces as a discretionary ground for refusing the authorization to contract with public bodies the fact that one of its minority shareholders or one of its associates, or any other person or entity with direct or indirect legal control or de facto legal control of the enterprise, has been found guilty of a prescribed offence. In practice, the AMF already applies this discretionary ground;
  • The Conseil du Trésor may, in exceptional circumstances, authorize a public body to enter into a contract or to continue a public call for tenders that is prohibited by an order of the AMP. The Conseil du Trésor also has the right, in exceptional circumstances, to authorize a public body to conclude or to continue performing a public contract with an ineligible sub-contractor if it is in the public interest;
  • Where a business withdraws a request for authorization or a request to renew an authorization after the necessary information has been submitted (for instance, after the receipt of a notice of intent to refusal), it will not be allowed to submit a new request for authorization for one year, unless expressly authorized by the AMP;
  • The AMPwill make available to public bodies a summary of contractors and sub-contractors performance evaluations;
  • The Act imposes a fine of $5,000 to $30,000 for individuals and $15,000 to $100,000 in all other cases, for communicating, either directly or indirectly, with any member of a selection committee with the intention of influencing a call for tenders;
  • The limitation period for penal offences in the Act Respecting Contracting by Public Bodies will be 3 years from the date on which the commission of the offence becomes known to the AMP. However, no prosecution can occur if more than 7 years have passed since the date of the infraction.

Bill 108 significantly changes the process for awarding contracts to public bodies in Québec. The creation of the AMP, as well as the new infrastructure for supervising public markets, is a positive development that promises to bring about greater uniformity in contract management. Bill 108 demonstrates the Québec government's continuous efforts to protect the integrity of Québec's public markets while maintaining an emphasis on flexibility.

Given that the Bill is still at the introduction stage, it may still be subject to amendments before it is adopted and comes into force.

To view original article, please click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Similar Articles
Relevancy Powered by MondaqAI
In association with
Related Topics
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions