SANCTIONING OF BILL 62: AMENDMENTS TO PUBLIC CONTRACT AWARDING RULES THROUGH CALL FOR TENDERS

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Bill 62 amends the following laws :

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• Act Respecting Contracting by Public Bodies, CQLR c. C-65.1, ss. 3, 13.1, 17 to 21, 21.18, 21.48.9, 24.48.28, 58.1

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Partnership contracts will include mixed construction work and professional services contracts entered into by a public body within the framework of infrastructure projects using a collaborative approach, as well as certain contracts determined by Treasury Board regulation.

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Bill 62 specifies the rules applicable to this new type of contract, as well as the monetary threshold requiring contracting companies to obtain an authorization to contract issued by the Autorité des marchés publics.

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Finally, public bodies may, following an unsuccessful call for tenders and under certain conditions, enter into a mutual agreement contract without publishing a notice of intent in the electronic tendering system.

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• Act Respecting the Autorité des Marchés Publics, CQLR c. A-33.2.1, s. 36

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Bill 62 grants the Autorité des marchés publics additional verification powers regarding the integrity of businesses under its supervision while limiting the communication of information obtained during these verifications.

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It also introduces a procedure to request the cancellation of a decision rendered by a third-party arbitrator following a dispute resolution process concerning construction work carried out on behalf of a public body and specifies the grounds for such cancellation.

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• Act Respecting the Government Acquisitions Center, CQLR c. C-7.01, ss. 5, 9, 15, 19, 27, 30, and 42

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The composition of the governance committee of the Government Acquisitions Center is amended, and the government is empowered to remunerate members of this committee and those of the audit committee.

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• Act Respecting Workforce Management and Control in Ministries, Public Bodies, and State Networks, CQLR c. G-1.011, ss. 16, 17, and 21

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Certain relief measures are provided concerning service contract provisions in this law.

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• Public Infrastructure Act, CQLR c. I-8.3, ss. 15, 16, 18, 19, 27, 29, 37, 42, 43, 44, 46, 51

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Certain amendments are made to the administrative authorization framework associated with public infrastructure investment planning and public infrastructure management. For instance, the President of the Treasury Board will now have the authority to verify the use of funds allocated to public bodies in this area.

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Bill 62 also expands the powers of the Société québécoise des infrastructures (SQI), notably by allowing it to:

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• Provide services to a broader clientele,

• Repurpose surplus spaces to meet the needs of the entities or individuals who will occupy them,

• Acquire any property necessary for public infrastructure projects by mutual agreement or expropriation on behalf of other public bodies,

• Establish a land reserve for the future realization of such projects.

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Furthermore, a new union representation regime applies to the employee unions of the SQI. For this purpose, Bill 62 establishes the bargaining units that may be formed based on five categories of personnel. It specifies that only one union may be accredited to represent employees in a bargaining unit and that a single collective agreement may apply to all employees in that unit.

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The specialized GBV team in public contract law can assist you in activities affected by this legislation. You may contact Me Charles-Francis Roy or Me Guillaume Lemieux for assistance.