Home > Resource Centre > Publications > Publication

Publication

title

Quebec introduces Bill 17, An Act respecting contracting by public bodies

DATE

June 1, 2006

EXPERTISE

Construction, Engineering and Infrastructure

On May 11, 2006, Monique Jérôme-Forget, Minister responsible for Government Administration and Chair of the Conseil du trésor, introduced Bill 17, An Act respecting contracting by public bodies. This bill is of interest both for departments and bodies within the public administration and for private enterprise, as it establishes the new conditions that are to govern contracts between public bodies and private contractors where such contracts involve public expenditure. Bill 17 applies mainly to supply, construction, service and public-private partnership contracts.

The purpose of Bill 17 is to unify and harmonize the standards and rules for the award of contracts by government administration and public bodies including contracts in the education and health services sectors. It is also designed to replace a bewildering number of legislative and regulatory provisions that currently govern contracting in the public sector.

Bill 17 is intended to promote transparency, fair treatment of tenderers, the opportunity for qualified tenderers to compete in calls for tenders made by public bodies and the use of effective and efficient contracting procedures by:

harmonizing public tender thresholds with the public procurement liberalization agreements signed by Quebec;
establishing new rules to promote joint calls for tenders by several public bodies;
determining minimum standards and conditions for the award of public-private partnership contracts;
helping to ensure transparency in the use of public funds, as it emphasizes accountability reporting by the chief executive officers of public bodies;
establishing measures to favour procurement from regional tenderers, especially for contracts involving an expenditure that is below the public tender threshold.

Close monitoring of the progress of Bill 17 will be required.

The purpose of this document is to provide information as to developments in the law. It does not contain a full analysis of the law nor does it constitute an opinion of Ogilvy Renault LLP or any member of the firm on the points of law discussed.

Back to Publications