Gazette officielle du Québec. Québec official gazette., 27 octobre 1993, Partie 2 anglais mercredi 27 (no 45)

[" MON MANDAT EN CAS D'INAPTITUDE Véritable mandat développé par le Curateur public, ce document s'adresse à toute personne saine d'esprit.Le mandat en cas d'inaptitude lui permet de désigner un mandataire qui verra à la protection de sa personne et à l'administration de ses biens dans l'éventualité où une maladie ou un accident la priverait de ses facultés.Cette brochure contient les informations essentielles sur le choix du mandataire, les différentes clauses pouvant être incluses dans le mandat et son homologation.Plus complète, mieux expliquée, cette nouvelle brochure remplace l'ancien modèle qui, jusqu'à maintenant, était distribué gratuitement.Ce document est offert en version française et en version anglaise.Mon mandat en cas d'inaptitude Le Curateur public 1993.16 pages EOQ 2-551-15863-X English version My Mandate in Case of Inability EOQ 2-551-15864-8 3,95$ §*1_____ COMMANDE POSTALE 3-048-2/10 Ad'esse N compte clienl Code postal Telcpiiono Code Trlre Peu unitaire TPS 7°» Sous-loliil Quant Iol.il 1002-55I-I5flfi3-X Mon mandat en cas d'inaptitude 3.95$ 0.28 S 4.23 $ E002-55H68M-8 My Mandate in Case of Inability 3,95 S 0.28$ 4.23$ Cartes de crédit acceptées Numéro _ Date a échéance Banque _ Mum du titulaire Sryiiiilurc _ Québec important : Paiement par chèque ou mandat-poste à l'ordre de ¦¦Les Publications du Québec-Prix et conditions de vente modifiables sans préavis.Vente et information (418) 643-5150 Sans trais 1 300463-2100 Télécopieur: (418)643-6177 Commande postale Les Publications du Québec Case postale 1005 Québec (Québec) G1K7B5 Également en vente chez votre libraire habituel.Frais de port Total 4$ Gazette officielle du Québec Part 2 Volume 125 Laws and 2N70°4fber 1993 Regulations Summary Table of contents Regulations Draft Regulations Index Legal deposit \u2014 I « Quarterly 1968 Bibliothèque nationale du Québec © Éditeur officiel du Québec, 1993 All rights reserved in all countries.No part of this publication may be translated, used or reproduced for commercial purposes by any means, whether electronic or mechanical, including micro-reproduction, without the written authorization of the Québec Official Publisher. NOTICE TO READERS The Gazette officielle du Québec (Laws and Regulations) is published under the authority of the Act respecting the Ministère des Communications (R.S.Q., c.M-24) and the Regulation respecting the Gazette officielle du Québec (O.C.3333-81 dated 2 December 1981 amended by O.C.2856-82 dated 8 December 1982 and O.C.1774-87 dated 24 November 1987).Part 2 of the Gazette officielle du Québec is published at least every Wednesday under the title \"LOIS ET RÈGLEMENTS\".If a Wednesday is a legal holiday, the Official Publisher is authorized to publish on the preceding day or on the Thursday following such holiday.1.Part 2 contains: 1° Acts assented to, before their publication in the annual collection of statutes; 2° proclamations of Acts; 3° regulations made by the Government, a minister or a group of ministers and of Government agencies and semi-public agencies described by the Charter of the French language (R.S.Q., c.C-ll), which before coming into force must be approved by the Government, a minister or a group of ministers; 4° Orders in Council of the Government, decisions of the Conseil du trésor and ministers' orders whose publication in the Gazette officielle du Québec is required by law or by the Government; 5° regulations and rules made by a Government agency which do not require approval by the Government, a minister or a group of ministers to come into force, but whose publication in the Gazette officielle du Québec is required by laws; 6° rules of practice made by judicial courts and quasi-judicial tribunals; 7° drafts of the texts mentioned in paragraph 3 whose publication in the Gazette officielle du Québec is required by law before their adoption or approval by the Government.3.Rates 1.Subscription rates* Part 2 (French).91 $ per year English edition .91 $ per year 2.Rates for sale separate numbers* Separate numbers of the Gazette officielle du Québec sell for 5,22 $ a copy.For information concerning the publication of notices, please call: Gazette officielle du Québec 1500 D, boni Chtrest Ouest 1- étage Salnte-Foy (Québec) G1N2E5 Téléphone: (418) «44-7794 (418) (44-7795 Offprints or subscription only: Offprints Ministère des Communications Service des ventes postales C.R 1005 Québec G1K7B5 Téléphone: (418) 643-5150 Subscriptions Service à la clientèle Division des abonnements CP.1190 Outremont (Québec) H2V 4S7 Téléphone: (514)948-1222 * Taxes not included 2.The English edition The English edition of the Gazette officielle du Québec is published at least every Wednesday under the title \"Part 2 \u2014 LAWS AND REGULATIONS\".When Wednesday is a holiday, the Official Publisher is authorized to publish it on the preceding day or on the Thursday following such holiday.The English version contains the English text of the documents described in paragraphs 1, 2, 3, 5, 6 and 7 of section 1. Table of contents Page Regulations 1426-93 Société immobilière du Québec, An Act respecting the.\u2014 Delegation of signature.5707 1428-93 Courts of Justice Act \u2014 Civil Code of Québec \u2014 Code of Civil Procedure \u2014 Tariff of Court Fees in Civil Matters and of Court Office Fees (Amend.).5710 1440-93 Public Buildings Safety Act \u2014 Application of a Building Code - 1990.5712 1441-93 Public Buildings Safety Act \u2014 Safety in public buildings (Amend.).5717 1450-93 Financial Administration Act \u2014 Ministère des Approvisionnements et Services, An Act respecting the.\u2014 Services contracts, supply contracts and construction contracts of the Société québécoise d'assainissement des eaux.5720 1473-93 Lotteries, publicity contests and amusement machines.An Act respecting.\u2014 Video lotteries \u2014 Persons who must respect the conditions for issue and maintenance of a licence (Amend.) 5719 Financial Administration Act \u2014 Ministère des Approvisionnements et Services, An Act respecting the.\u2014 Contracts of the Chief Electoral Officer \u2014 Contracts of the Commission de la représentation .5721 Draft Regulations Professional Code \u2014 Denturologists \u2014 Conciliation and arbitration procedure for the accounts.5737 Professional Code \u2014 Engineers \u2014 Business of the Bureau, administrative committee and general meetings.5740 Professional Code \u2014 Forest engineers \u2014 Terms and conditions for election to the Bureau.5741 Paît 2 GAZETTE OFFICIELLE DU QUEBEC.October 27, 1993, Vol.125, No.45 5707 Regulations Gouvernement du Québec O.C.1426-93, 13 October 1993 An Act respecting the Société immobilière du Québec (R.S.Q., c.S-17.1) Delegation of signature By-law respecting the delegation of signature by the Société immobilière du Québec Whereas under section 17 of the Act respecting the Société immobilière du Québec (R.S.Q., c.S-17.1), no document is binding on the corporation unless it is signed by the president or, in the cases determined by by-law of the corporation, an employee of the corporation; Whereas under the second paragraph of section 17 of the Act, the corporation, by by-law, may, on the conditions it determines, allow a required signature to be affixed by means of an automatic device to the documents it determines, or a facsimile of a signature to be engraved, lithographed or printed on them; Whereas by Order in Council 1182-89 dated 19 July 1989, the Government approved the By-law respecting the delegation of signature by the Société immobilière du Québec; Whereas the corporation adopted a revised text of the By-law respecting the delegation of signature by the Société immobilière du Québec at its meeting of 2 September 1993, which is attached hereto; Whereas under the second paragraph of section 15 of the Act, by-laws come into force on the date of their approval by the Government or on any later date it determines.It is ordered, therefore, upon the recommendation of the Minister responsible for the administration of the Act respecting the Société immobilière du Québec; That the By-law respecting the delegation of signature by the Société immobilière du Québec, attached to this Order in Council, be approved.BenoIt Morin, Clerk of the Conseil exécutif By-law respecting the delegation of signature by the Société immobilière du Québec An Act respecting the Société immobilière du Québec (R.S.Q.C.S-17.1, s.17) 1.The holders of officiai positions or the officers responsible for duties who are hereinafter designated by the Société immobilière du Québec are authorized to sign instead of the president and chief executive officer of the Société immobilière du Québec and with the same authority, the documents listed after their official position: (1) vice-presidents of the Société immobilière du Québec: all of the documents referred to in this By-law and any other deed or document including, but without restricting the generality of the foregoing, cheques, drafts, promissory notes, bonds or other negotiable instruments; (2) the secretary and the controller of the Société: cheques, drafts, orders of payment, promissory notes, bonds, bankers' acceptances, bills of exchange, bank transfers or other negotiable instruments; (3) directors of construction, within their branch: (a) contracts for construction, layout, improvement and preservation, where the total amount is less than $100 000; (b) change orders on contracts for construction, layout, improvement and preservation, where the amount is less than $50 000; GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol, 125, No, 45 Part 2 (c) professional services contracts related to construction, layout, improvement and preservation, where the total amount is less than $5 000; (d) moving contracts and freight transportation contracts, where the total amount is less than $10 000; (4) department heads of construction branches, within their department: change orders on contracts for construction, layout, improvement and preservation, where the amount is less than $25 000; (5) project managers of construction branches, for their projects: change orders on contracts for construction, improvement, layout and preservation, where the amount is less than $15 000; (6) directors of property management, within their branch: (a) contracts for maintenance, construction, layout, repair, concessions, preservation, services contracts other than professional services contracts, leases of furniture and proposals to clients, where the total amount is less than $100 000; (b) change orders on contracts for construction, layout, improvement and preservation, where the total amount is less than $10 000; (c) contracts for the acquisition of movable property, where the total amount is less than $5 000; (d) professional services contracts related to construction, layout, improvement and preservation, where the total amount is less than $5 000; (7) the director of client services and space management, within his branch: proposals to clients and occupancy agreements as well as amendments to such agreements; (8) managers, within the sectors: (a) contracts for maintenance, construction, layout, repairs, concessions, preservation, services contracts' other than professional services contracts, leases of buildings or furniture and proposals to clients, where the total amount is less than $25 000; (b) change orders on contracts for maintenance, construction, layout, improvement and preservation, where the total amount is less than $2 500; (c) contracts for the acquisition of movable property, where the total amount is less than $5 000; (9) property technicians, within their sector: (a) contracts for maintenance, construction, layout, repair, concessions, preservation, services contracts other than professional services contracts and proposals to clients, where the total amount is less than $2 000; (b) change orders on contracts for maintenance, construction, layout, improvement and preservation, where the total amount is less than $200; (c) contracts for the acquisition of movables, where the total amount is less than $2 000; (10) division heads for maintenance-repairs, within their division and division heads for property management, within their sector and persons in charge for a sub-regional office, within their sub-region; contracts for repairs, maintenance and layout, where the total amount is less than $2 500 and change orders on those contracts, where the total amount is less than $250; (11) the director for property transactions, within his branch: leases of buildings, including renewal notices and non-renewal notices.(12) the director for contracts: (a) contracts for the acquisition, leasing and alienation of movable property, where the total amount is less than $50 000; (b) contracts for the repair of movable property, and services contracts other than professional services contracts, where the total amount is less than $10 00O; (13) the director for computer resources: contracts for the acquisition and leasing of materials and equipment, for computer services and maintenance, where the total amount is less than $50 000; (14) the head of the budget department and the head of the accountancy department: Part 2 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol.125, No.45 5709 cheques drawn on a bank account, where the amount is less than $5 O00; (15) the head of the management and parking department: leases of parking facilities to clients, where the total amount is less than $25 000 per year; (16) the division head of management and parking: leases of parking facilities to clients, where the total amount is less than $2 500 per year; (17) heads of department in charge of corporative supply: (a) contracts for the acquisition and leasing of movable property, where the total amount is less than $25 000; (b) contracts for the repair of movable property and services contracts other than professional services contracts, where the amount is less than $2 500; (c) contracts for alienation of movable property, where the amount is less than $1 000; (18) purchasers of professional level assigned to corporative supply: contracts for the acquisition and leasing of movable property, where the total amount is less than $5 000; (19) purchasers of technical level assigned to corporative supply: contracts for the acquisition and leasing of movable property, where the total amount is less.than $2 000; (20) the director of communications: services contracts in the sphere of communications, where the total amount is less than $5 000; (21) directors, the secretary, the controller of the Société and department heads: contracts for the acquisition and leasing of movable property, where the total amount is less than $500; (22) directors, the secretary and the controller of the Société: services contracts other than professional services contracts and contracts for the repair of movable property, where the total amount is less than $500; (23) the assistant to the president for property affairs: (a) proposals to clients and occupancy agreements as well as amendments to such agreements; (b) leases of buildings including renewal notices and non-renewal notices.2.The signatures of the president and chief executive officer, the vice-president for finance and administration, the secretary and the controller of the Société immobilière du Québec may be affixed by means of an automatic device or a facsimile of their signature may be engraved, lithographed or printed of the following documents: (1) cheques drawn on a bank account, where the amount is less than $50 000; (2) cheques drawn on a bank account for the employee payroll; (3) cheques, drafts, orders of payment, promissory notes, bonds, bills of exchange or other negotiable instruments as part of the financial transactions of the Société.3.This By-law replaces the By-law respecting the delegation of signature of the Société immobilière du Québec approved by Order in Council 1182-89 dated 19 July 1989.4.This By-law comes into force on the date of its approval by the Government.7884 5710 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol.125, No.45 Part 2 Gouvernement du Québec O.C.1428-93, 13 October 1993 Courts of Justice Act (R.S.Q, c.T-16) Civil Code of Québec (1980, c.39) Code of Civil Procedure (R.S.Q., c.C-25) Tariff of Court Fees in Civil Matters and or Court Office Fees \u2014 Amendments Tariff of Court Fees in Civil Matters and of Court Office Fees Whereas under section 224 of the Courts of Justice Act (R.S.Q., c.T-16), amended by section 11 of Chapter 20 of the Statutes of 1991 and by section 1 of Chapter 31 of the Statutes of 1993, the Government shall fix the tariff of court costs and court office fees; Whereas under article 420 of the Civil Code of Québec, enacted by section 1 of Chapter 39 of the Statutes of 1980, the Government may fix the duty that must be collected from the intended spouses for the solemnization of a civil marriage; Whereas under article 659.10 of the Code of Civil Procedure (R.S.Q., c.C-25), in such cases as it may determine, the Government may establish the tariff payable by a debtor of an alimentary allowance awarded by judgment where the debtor applies to the prothono-tary to suspend the execution of a garnishment of salary or wages; Whereas under sections 10 and 11 of the Regulations Act (R.S.Q., c.R-18,1), a Draft of the Regulation attached to this Order in Council was published in Part 2 of the Gazette officielle du Québec of 19 May 1993 with a notice that it could be made by the Government upon the expiry of 43 days following that publication; Whereas it is expedient to amend the Tariff of Court Fees in Civil Matters and of Court Office Fees, made by Order in Council 738-86 dated 28 May 1986, amended by the Regulation made by Order uv Council 52-93 dated 20 January 1993 and Indexed on 1 April 1993 in accordance with section 20.1 of the Tariff as ihown In the notice given in Part 1 of the Gaztttt officielle du Québec of 27 March 1993, on page 1423; It is ordered, therefore, upon the recommendation of the Minister of Justice: That the Regulation to amend the Tariff of Court Fees in Civil Matters and of Court Office Fees, attached hereto, be made.Benoît Morin, Clerk of the Conseil exécutif Regulation to amend the Tariff of Court Fees in Civil Matters and of Court Office Fees Courts of Justice Act (R.S.Q., c.T-16, s.224; 1991, c.20, s.II) Civil Code of Québec, a.420 (1980, c.39, s.I) Code of Civil Procedure (R.S.Q., c.C-25, a.659.10) 1.The Tariff of Court Fees in Civil Matters and of Court Office Fees, made by Order in Council 738-86 dated 28 May 1986 and amended by the Regulation made by Order in Council 52-93 dated 20 January 1993 and indexed on 1 April 1993 in accordance with section 20.1 of the Tariff as shown in the notice given in Part I of the Gazette officielle du Québec of 27 March 1993, on page 1423, is further amended, in section 4, by substituting: (1) in item a of subparagraph 1 of the first paragraph: (a) in Class I, the figure \"37\" for the figure \"33\"; (b) in Class II, the figure \"70\" for the figure \"66\"; (c) in Class III, the figure \"136\" for the figure \"132\"; {d) in Class IV, the figure \"214\" for the figure \"210\"; (e) in Class V, the figure \"426\" for the figure \"422\"; (2) in item b of subparagraph 1 of the first paragraph, the figure \"103\" for the figure \"99\"; (3) in item c of subparagraph I of the first paragraph, the figure \"63\" for the figure \"59\"; Part 2 GAZETTEOFF1CIOJ.EDU QUÉBEC, October 27, 1993, Vol.125, No.45 5711 (4) in item d of subparagraph 1 of the first paragraph, the figure \"31\" for the figure \"27\"; (5) in item a of subparagraph 2 of the first paragraph: (a) in Class I.the figure \"23\" for the figure \"19\"; {b) in Class II, the figure \"37\" for the figure \"33\"; (c) in Class III, the figure \"70\" for the figure \"66\"; id) in Class IV, the figure \"109\" for the figure \"105\"; (e) in Class V, the figure \"214\" for the figure \"210\"; (6) in item b of subparagraph 2 of the first paragraph, the figure \"57\" for the figure \"53\"; (7) in item c of subparagraph 2 of the first paragraph, the figure \"44\" for the figure \"40\"; (8) in item d of subparagraph 2 of the first paragraph, the figure \"31\" for the figure \"27\"; (9) in subparagraph 3 of the first paragraph: (a) in Class I, the figure \"31\" for the figure \"27\"; ib) in Class II, the figure \"57\" for the figure \"53\"; ic) in Class III, the figure \"103\" for the figure \"99\"; [d) in Class IV, the figure \"162\" for the figure \"158\"; ie) in Class Vt the figure \"321\" for the figure \"317\"; if) in Class VI, the figure \"76\" for the figure \"72\".2* The Tariff is amended by inserting the following after section 4: \"4.1 The following fees are payable for the inscription for proof and hearing of a contested action: (1) $75 for an application for separation as to bed and board, for divorce or for nullity of a marriage; (2) $250 in the other cases.4.2 Fees of $75 are payable for any application for review of accessory measures ordered by a judgment granting a separation as to bed and board, a divorce or nullity of a marriage 4.3 Fees of $25 are payable for taxation of costs by the prothonotary or, as the case may be, by the clerk of the court, upon presentation of a factum by the party entitled thereto.\".3.Section 5 of the Tariff is amended by substituting: (1) in subparagraph I of the first paragraph, the figure \"90\" for the figure \"86\"; (2) in subparagraph 2 of the first paragraph: (a) in Class I, the figure \"90\" for the figure \"86\"; ib)'m Class II, the figure ** 130\" for the figure \"126\"; ic) in Class 111, the figure \"168\" for the figure \"164\"; id) in Class IV, the figure \"267\" for the figure \"263\"; {e) in Class V, the figure \"531\" for the figure \"527\"; if) in Class VI, the figure \"155\" for the figure \"151\"; (3) in subparagraph 3 of the first paragraph: ia) in Class I, the figure \"23\" for the figure \"19\"; ib) in Class II, the figure \"37\" for the figure \"33\"; ic) in Class HI, the figure \"70\" for the figure \"66\"; id) in Class IV, the figure \" 109\" for the figure \"105\"; ie) in Class V, the figure \"214\" for the figure \"210\"; if) in Class VI, the figure \"57\" for the figure \"53\".4.Section 6 of the Tariff is amended by substituting the figure \"31\" for the figure \"27\".5.Section 8 of the Tariff is amended by substituting the figure \"23\" for the figure \"19\".#\u2022 Section 11 of the Tariff is amended by substituting: (1) in paragraph 1, the figure \"63\" for the figure \"59\"; (2) in paragraph 2, the figure \"122\" for the figure \"118\"; 5712 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol.125, No.45 Part 2 (3) in paragraph 3, the figure \"57\" for the figure \"53\".7.Section 12 of the Tariff is amended by substituting: (1) in the first paragraph, the figure \"63\" for the figure \"59\"; (2) in the second paragraph, the figure \"57\" for the figure \"53\".8.Section 12.1 of the Tariff is amended by substituting the figure \"43\" for the figure \"39\".9.Section 13 of the Tariff is amended by substituting: (1) in subparagraph a of paragraph 1, the figure \"189\" for the figure \"185\"; (2) in subparagraph b of paragraph 1, the figure \"136\" for the figure \"132\"; (3) in paragraph 2, the figure \"90\" for the figure \"86\".10.Section 14 of the Tariff is amended by substituting: (1) in paragraph a, the figure \"31\" for the figure \"27\"; (2) in paragraph b, the figure \"23\" for the figure \"19\".11* Section 17 of the Tariff is amended by substituting, in subparagraph 1 of the first paragraph, the figure \"31\" for the figure \"27\".12.Section 18 of the Tariff is amended by substituting the figure \"155\" for the figure \"151\".13.The Tariff is amended by inserting the following after section 20.1 : \"20.2 The amount of the costs and fees, as indexed on 1 April each year in accordance with section 20.1, applies to proceedings or documents filed or issued from that date, whatever the date of commencement'of proceedings,\".14.The amount of the costs and fees, as established in this Regulation, applies to proceedings or documents filed or issued from the date of its coming into force, whatever the date of commencement of proceedings.IS.This Regulation comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec.7885 Gouvernement du Québec O.C.1440-93, 13 October 1993 Public Buildings Safety Act (R.S.Q., c.S-3) Application of a Building Code - 1990 Regulation respecting the application of a Building Code - 1990 Whereas under section 39 of the Public Buildings Safety Act (R.S.Q., c.S-3), the Government may make regulations with respect to the construction and the solidity of public buildings so as to ensure the safety of those who reside in or who frequent the same and with respect to the precautions to be taken against fire; Whereas in accordance with that section, the Government made the Building Code - 1985 Regulation by Order in Council 2448-85 dated 27 November 1985; Whereas the National Building Code of Canada 1990 was published by the National Research Council of Canada in order to take into account new technological conditions; Whereas in accordance with sections 10 and II of the Regulations Act (R.S.Q., c.R-18.1), the Draft Regulation entitled Regulation respecting the application of a Building Code - 1990 was published in Part 2 of the Gazette officielle du Québec of 24 February 1993 with a notice that it could be made by the Government upon the expiry of 45 days from that publication; Whereas the comments received have been studied; Whereas it is expedient to make the Regulation with amendments; Whereas under section 39 of the Public Buildings Safety Act, every regulation relating to an institution within the meaning of the Act respecting health services and social services and amending various legislation (R.S.Q., c.S-4.2) or within the meaning of the Act respecting health services and social services for Crée and Inuit Native persons (R.S.Q., c.S-5) shall be made on the joint recommendation of the Minister of Housing Part 2 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993.Vol.125, No.45 5713 and Consumer Protection and the Minister of Health and Social Services; Whereas under Order in Council 2645-85 dated 13 December 1985, the Minister of Labour exercises the duties of the Minister of Housing and Consumer Protection in respect of safety in public buildings and places and in respect of the implementation of legislation respecting housing; It is ordered, therefore, upon the recommendation of the Minister of Labour and the Minister of Health and Social Services: That the Regulation respecting the application of a Building Code - 1990, attached hereto, be made.Benoît Morin, Clerk of the Conseil exécutif Regulation respecting the application of a Building Code - 1990 Public Buildings Safety Act (R.S.Q., c.S-3, s.39) DIVISION I INTERPRETATION 1* In this Regulation, unless the context indicates otherwise: \"building\" means any structure used or intended for supporting or sheltering any use or occupancy and that constitutes a public building within the meaning of the Public Buildings Safety Act (R.S.Q., c.S-3) or, to the extent that the safety of the public must be ensured, an establishment within the meaning of the Act respecting occupational health and safety (R.S.Q., c.S-2.1); \"Code\" means the National Building Code of Canada 1990, NRCC English Edition N° 30619, published by the National Research Council of Canada, including the revisions of January 1991, January 1992, July 1992 and September 1992.DIVISION II SCOPE 3.A building whose construction began after II November 1993 shall conform to the Code as amended by thii Regulation, The lame provision also appliei to any alteration within the meaning of the Code or any addition made after II November 1993 to a building built before that date.Notwithstanding the foregoing, the Building Code -1985 Regulation, made by Order in Council 2448-85 dated 27 November 1985 and amended by the Regulations made by Orders in Council 1008-88 dated 22 June 1988, 1471-89 dated 6 September 1989 and 122-92 dated 29 January 1992, may apply to a building or any alteration or addition thereto where the plans and specifications are submitted in accordance with the Public Buildings Safety Act before 11 May 1994 and where work begins within 12 months following notification that the plans and specifications have been accepted.3.Where, in the case of an alteration within the meaning of the Code or an addition to a building already built, some provisions of the Code cannot reasonably be applied because of their impact, the owner may, to ensure safety in his building, propose compensatory measures to a person designated by the Minister.That person shall be empowered to accept such measures.4* In the case of an alteration within the meaning of the Code or an addition, the provisions of the Code requiring noncombustible construction do not apply to the existing combustible components of the building or part thereof for which noncombustible construction is required, provided the building or part thereof is equipped with a fire detection and alarm system in conformance with Subsection 3.2.4 of the Code and with an automatic sprinkler system in conformance with Articles 3.2.5.13 to 3.2.5.15 of the Code.This section does not apply to an alteration or an addition to a building more than 4 storeys in building height or whose building area within the meaning of the Code exceeds 1000 m2 where the provisions of the Code require both noncombustible construction and an automatic sprinkler system.5.The owner of a building shall inform, in writing, an inspector responsible for the enforcement of the Public Buildings Safety Act, of: (1) the date on which construction, partial demolition, alteration or relocation work on a building begins and ends; (2) the dates of partial occupation of the building, where that occupation takes place in stages prior to the termination of all construction work; (3) any change in the use of the building; and (4) any change in his address or any transfer of the building's title. 5714 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol.125, No.45 Part 2 In the cases provided for in subparagraphs I to 3 of the first paragraph, the notice shall be sent before the events referred to therein, and in the case provided for in subparagraph 4 of the first paragraph, within thirty days following the events referred to therein.DIVISION III AMENDMENTS TO THE CODE 6* For the purposes of this Regulation, the Code is amended: (1) by substituting the expression \"electrical wires and cables, optical fibre cables and telecommunication wires and cables\" for the expression \"electrical wires and cables\" wherever it occurs mutatis mutandis; (2) by substituting the following for the definitions of \"Authority having jurisdiction\" and \"Building\" in Article 1.1.3.2; \" \"Authority having jurisdiction\" means an inspector responsible for the enforcement of the Public Buildings Safety Act (R.S.Q., c.S-3).; \"Building\" means any structure used or intended for supporting or sheltering any use or occupancy and that constitutes a public building within the meaning of the.Public Buildings Safety Act or, to the extent that the safety of the public must be ensured, an establishment within the meaning of the Act respecting occupational health and safety (R.S.Q., c.S-2.1).\"; (3) by adding the following in Article 1.1.4,1 after the abbreviation NLGA: \"NQ.Bureau de normalisation du Québec (70 rue Dalhousie, bureau 220, Québec (Québec) Canada G1K4B2)\"; (4) in Table 2.7.3.A: (1) by deleting the following reference from among the documents referenced therein: \"CSA Z305.1-M1984 Non-Flammable Medical Gas Piping Systems 3.6.5,1 \"; (1) by substituting the following for Subclause i of Clause b of Sentence (1): \"i.totally enclosed raceways,\"; (2) by inserting the following after Sentence (1): \"(2) In the case of a telecommunication cable located inside a building, the requirements in Sentence (1) apply to the portion of the cable in excess of 3 m, as measured from its point of entry into the building.\"; (6) by substituting the following for Article 3.1.5.6: \"3.1.5.6 Nailing Elements (1) Wood nailing elements attached directly to or set into a continuous noncombustible backing for the attachment of an interior finish are permitted in a building required to be of noncombustible construction provided the concealed space created by the wood elements is not more than 50 mm thick.(2) Continuous wood nailing elements for the attachment of a bead-type copper roof or wall are permitted in a building required to be of noncombustible construction provided they are installed directly on type X gypsum board not less than 15.9 mm thick.\"; (7) by substituting the following for Clause e of Sentence (2) of Article 3.1.5.11: \"(e) material other than foamed plastic that meets the requirements of classification B when tested in conformance with CAN4-SI24-M, \"Standard Method of Test for the Evaluation of Protective Coverings for Foamed Plastic\".\"; (8) by substituting the following for Article 3.1.5.17: \"3.1.5.17 Electrical Wires and Cables (I) Except as permitted in Article 3.1.5.16, electrical wires and cables with combustible insulation, jackets or sheathes are permitted in a building required to be of noncombustible construction where the requirements provided for in any of the following Clauses are met: (2) by inserting the following among the documents referenced therein after the reference \"NLGA.19,91 Standard Grading Rules for Canadian Lumber 9.3.2.1\": \"NQ 5710-500 (1989) Code gaz médicaux ininflammables réseaux de distribution dans les établissements de santé 3.6.5.1\"; (5) in Article 3.1.4.3: (a) the wires and cables exhibit a vertical char of not more than 1.5 m when tested in conformance with the Vertical Flame Test in Clause 4.11.4 of CSA C22.2 No.0.3, \"Test Methods for Electrical Wires and Cables\", (b) the wires and cables do not convey flame or continue to burn for more than I min when tested in conformance with the Vertical Flame Test in Clause Part 2 GAZETTE OFFICIELLE DU QUÉBEC, October 27.1993.Vol.125, No.45 5715 4.11.1 of CSA C22.2 No.0.3, \"Test Methods for Electrical Wires and Cables\", and are located in a concealed space in a wall, fc) the wires and cables are located in: /.a totally enclosed noncombustible raceway (see A-3.1.4.3.(1) (b) (0 in Appendix A), if\", a masonry wall, iii.a concrete slab, or ti.a service room separated from the remainder of the building by fire separations having not less than a 1 h fire-resistance rating.(2) In the case of a telecommunication cable located inside a building, the requirements in Sentence (1) apply to the portion of the cable in excess of 3 m, as measured from its point of entry into the building.\"; (9) by substituting the following for Sentences (2) and (3) of Article 3.1.9.3: \"(2) Except as permitted by Sentence (3), electrical wires or cables, single or grouped, with an outside diameter of not more than 30 mm for the wire, cable or group, that are not installed in totally enclosed noncombustible raceways are permitted (a) to partly or wholly penetrate a fire separation required to have a fire-resistance rating without being incorporated in the separation at the time of testing as required in Article 3.1.9.2, provided the combustible insulation, jackets or sheathes conform to the requirements of Clause 3.1.5.17 (1) (a), (b) to partly or wholly penetrate a vertical fire separation required to have a fire-resistance rating, provided the combustible insulation, jackets or sheathes conform to the requirements of Clause 3.1.5.17 (1) (b), and (c) to partly penetrate a horizontal fire separation required to have a fire-resistance rating, provided the combustible insulation, jackets or sheathes conform to the requirements of Clause 3.1.5.17 (1) (b).(3) A single conductor metal sheathed cable that has a combustible jacket and is more than 30 mm in overall outside diameter is permitted to partly or wholly penetrate a fire separation required to have a fire-resistance rating without being incorporated in the separation at the time of testing as required in Article 3.1.9.2.\"; (10) inTable3.1.16.A: (1) by inserting the following in the column entitled \"Type of Use of Floor Area or Part Thereof\" at the end of the list of \"Assembly uses\": \"libraries, museums and skating rinks\" \"gymnasiums and training rooms\"; (2) by inserting the number \"3.00\" opposite \"libraries, museums and skating rinks\" and the number \"9.30\" opposite \"gymnasiums and training rooms\" in the column entitled \"Area per Person, m2\"; (3) by substituting the word \"Dortoirs\" for the word \"Pensions\" in the column entitled \"Utilisation de l'aire de plancher ou d'une partie de l'aire de plancher\" at the end of the list of \"Habitations\" in the French version; (11) by substituting the following for Sentences (2) and (3) of Article 3.2.3.20 in the French version: \"(2) Sous réserve du paragraphe 3), un passage relié à un bâtiment pour lequel une construction incombustible est exigée doit être de construction incombustible.(3) Un passage relié à un bâtiment pour lequel une construction incombustible est exigée peut être de construction en gros bois d'oeuvre pourvu: (a) qu'au moins 50 % de la surface totale de ses murs donne à l'air libre; (b) qu'il soit situé au niveau du sol.\"; (12) in Article 3.2.5.10: (1) by substituting the number \"(7)\" for the number \"(6)\" in Sentence (1); (2) by inserting the following after Sentence (6): \"(7) The standpipes referred to in Sentence (1) shall be installed outside contiguous exit staircases such as scissors stairs.Moreover, the risers shall be installed in the vicinity of the staircases, in service spaces provided for that purpose having a fire-resistance rating at least equal to the rating required for the staircases.\"; (13) by substituting the following for Sentence (3) of Article 3.2.6.8 in the French version: \"(3) Toutes les cabines d'ascenseurs doivent être équipées d'un interrupteur pour le système de secours en cabine.\"; 5716 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol.125.No.45 Part 2 (14) by substituting the following for Clause (c) of equipped with a manual pull station installed in confor-Sentence (I) of Article 3.3.1.5: mance with Clauses d and g; \"(c) where the area of a room or suite, or the distance measured from any point within the room or suite to the nearest egress doorway is more than the values shown in Table 3.3.1.A, except for a shooting gallery intended for an occupant load of less than 10 persons or a dwelling unit.\"; (15) by substituting the following for Clause d of Sentence (!) of Article 3.3.1.12: (d) be readily openable in travelling to an exit without requiring keys, special devices or specialized knowledge of the door opening mechanism, except that this requirement does not apply to doors serving a contained use area, or an impeded egress zone, provided the locking devices conform to Sentence (2), nor to doors located within a public corridor of a residential and long-term care centre within the meaning of section 83 of the Act respecting health services and social services and amending various legislation (R.S.Q., c.S-4.2) where the doors are equipped with an electromagnetic lock installed in conformance with Sentence 3.4.6.15.(5).\"; (16) by deleting Article 3.3.2.12; (17) by inserting the following after Article 3.3.5.9: \"3.3.5.10 Helicopter Landing Areas on Roofs.Helicopter landing areas on roofs shall conform to the requirements of Section 2.13 of the National Fire Code of Canada 1990, NRCC English Edition- N° 30621, published by the National Research Council of Canada.\"; (18) in Article 3.4.6.15: (1) by substituting \"in Sentences (4) and (5)\" for \"in Sentence (4)\" in Sentence (3); (2) by inserting the following after Sentence (4): \"(5) Electromagnetic locks that do not incorporate latches, pins or other similar devices to keep the door in the closed position are permitted to be installed in a building or part thereof used as a residential and long-term care centre on the required exit doors provided (a) any means of egress allowing access to a zone' provided with doors equipped with electromagnetic locks installed in conformance with this Sentence is (b) the building or part thereof is provided with a fire alarm and detection system in conformance with the requirements of Subsection 3.2.4; (c) any electromagnetic lock releases and allows the doors equipped with such a lock to open immediately: /.upon initiation of a fire alert signal where the fire alarm and detection system is a 2 stage system or upon initiation of a fire alarm signal where the fire alarm and detection system is a single stage system, ii.in the event of a power failure, and Hi.upon actuation of a manually operated switch accessible only to authorized personnel; (d) a manual pull station is installed within 0.5 m from each door equipped with such a lock; (e) it is possible for the authorized personnel, using a key or other mechanism, to open each of those doors without having to activate the fire alarm and detection system; (f) upon release, the locking device can be reset only manually by the actuation of the switch in Subclause (c) (Hi), and (g) each door equipped with such a lock bears the following notice written in letters contrasting in colour, not less than 15 mm high and having a stroke not less than 3 mm: In an emergency, this door can be opened by activating the manual pull station located to the (left or right depending on location of manual pull station).\"; (19) by deleting Article 3.5.5.1; (20) by substituting the following for Article 3.6.5.1; \"3.6.5.1 Medical Gas Piping.Non-flammable medical gas piping systems shall be installed in conformance with NQ 5710-500 of the Bureau de normalisation du Québec \"Code gaz médicaux ininflammables réseaux de distribution dans les établissements de santé\".\"; (21) by substituting the following for Table 3.7.2.A: Part 2 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol.125, No.45 5717 \"Table 3.7.2.A Forming Pari of Sentence 3.7.2.1.(2) Total Number of Fixed Seats in Seating Area or Premises Minimum Number of Spaces Required for Wheelchairs in Buildings Other than Schools Minimum Number of Spaces Required for Wheelchairs in Schools 0 \u2014 50 51 \u2014 100 101 \u2014 500 501 and over 2 plus 1 for each additional increment of 100 seats or fraction thereof 6 plus 1 for each additional increment of 400 seats or fraction thereof to a maximum of 21 4 plus 2 for each additional increment of 100 seats or fraction thereof 12 plus 2 for each additional increment of 400 seats or fraction thereof to a maximum of 21 (22) by deleting Sentence (2) of Article 3.7.3.5; (23) by substituting the following for Sentence (2) of Article 4.1.1.2: \"(2) In cases covered by the Architects Act (R.S.Q., c.A-21 ), the designer shall be an architect, and in cases covered by the Engineers Act (R.S.Q., c.1-9), the designer shall be an engineer.\"; (24) by substituting the following for Article 4.1.6.12: \"4.1.6.12 Heliports.Helicopter landing areas on roofs shall be constructed in conformance with the provisions of the document entitled \"Heliport and Heli-deck Standards and Recommended Practices\", Third Edition, TP 2586E, published in April 1985 by Transport Canada Air, and the revisions thereto.\"; (25) by the fact that Part 8, entitled \"Safety Measures at Construction and Demolition Sites\" does not apply; (26) by substituting the number \"30\" for the number \"25\" in Sentence (4) of Article 9.10.9.6; (27) by substituting the following for Article 9.34.1.5: \"9.34.1.5 Wiring and Cables.Electrical wiring and cables installed in buildings permitted to be of combustible construction shall conform to Article 3.1.4.3.\"; (28) by inserting the following Sentence after Sentence A-3.2.5.14.(1): \"A-3.2.5.15.(l) Sprinklered Service Spaces Permanent floors of sprinklered service spaces may potentially be used to store cleaning products and supplies, with little control over combustible contents that may accumulate there.Given the fact that such spaces cannot be easily reached in fire fighting, they must be protected by an automatic sprinkler system.When the floor is limited to a catwalk, the risk of accumulating large quantities of combustible contents is significantly reduced and this requirement no longer applies.\".7.This Regulation comes into force on 11 November 1993.7886 Gouvernement du Québec O.C.1441-93, 13 October 1993 Public Buildings Safety Act (R.S.Q., c.S-3) Safety in public buildings \u2014 Amendments Regulation amending the Regulation respecting safety in public buildings Whereas under section 39 of the Public Buildings Safety Act (R.S.Q., c.S-3), the Government may make regulations with respect to the construction and the solidity of public buildings so as to ensure the safety of 5718 GAZETTE OFFICIELLE DU QUÉBEC.October 27, 1993.Vol.125, No.45 Part 2 those who reside in or who frequent the same and with respect to the precautions to be taken against fire; Whereas in accordance with that section, the Government made the Regulation respecting safety in public buildings (R.R.Q., 1981, c.S-3, r.4); Whereas in accordance with sections 10 and 11 of the Regulations Act (R.S.Q., c.R-18.1), the Draft Regulation entitled Regulation amending the Regulation respecting safety in public buildings was published in Part 2 of the Gazette officielle du Québec of 24 February 1993 with a notice that it could be made by the Government upon the expiry of 45 days from that publication; Whereas no comment was received before the expiry of the 45-day period; Whereas it is expedient to make the Regulation without amendment; Whereas under section 39 of the Public Buildings Safety Act, every regulation relating to an institution within the meaning of the Act respecting health services and social services (R.S.Q., c.S-4.2) or within the meaning of the Act respecting health services and social services for Crée and Inuit Native persons (R.S.Q., c.S-5) shall be made on the joint recommendation of the Minister of Housing and Consumer Protection and the Minister of Health and Social Services; Whereas under Order in Council 2645-85 dated 13 December 1985, the Minister of Labour exercises the duties of the Minister of Housing and Consumer Protection in respect of safety in public buildings and places and in respect of the legislation respecting housing; It is ordered, therefore, upon the recommendation of the Minister of Labour and the Minister of Health and Social Services: That the Regulation amending the Regulation respecting safety in public buildings, attached hereto, be made.BenoIt Morin, Clerk of the Conseil exécutif Regulation amending the Regulation respecting safety in public buildings Public Buildings Safety Act (R.S.Q., c.S-3, s.39) 1.The Regulation respecting safety in public buildings (R.R.Q., 1981, c.S-3, r.4), amended by the Regulations made by Orders in Council 2477-82 dated 27 October 1982, 913-84 dated 11 April 1984, 2449-85 dated 27 November 1985 and 88-91 dated 23 January 1991, is further amended by substituting the following for subsection 6 of section 4: \"(6) Upon the request of the inspector, the owner shall provide certification by a specialist on the subject or a recognized organization that a material or assembly of materials, a device or a system complies with the requirements of this Regulation and, where applicable, with any requirement of a regulation mentioned in subsection 1 of section 6.The certificate shall contain the data used to establish that the material, assembly of materials, device or system complies with the requirements of this Regulation.\".2.Subsection 1 of section 6 is amended: (1) by substituting the following for the first paragraph: \"(I) Subject to section 2 of the Regulation respecting the application of a Building Code - 1990 made by Order in Council 1440-93 dated 13 October 1993, to section 2 of the Building Code - 1985 Regulation made by Order in Council 2448-85 dated 27 November 1985, to section 3 of the Regulation respecting the application of a Building Code made by Order in Council 912-84 dated 11 April 1984 and to subsection 2 of section 2.1.1 of the Building Code (R.R.Q., 1981, c.S-3, r.2), this Regulation applies to any building built before 1 December 1976 or whose construction began before that date.\"; 2° by deleting the fourth paragraph.3.This Regulation comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec.7887 Part 2 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol.125, No.45 5719 Gouvernement du Québec O.C.1473-93, 20 October 1993 An Act respecting lotteries, publicity contests and amusement machines (R.S.Q., c.L-6) Video lotteries \u2014 Persons who must respect the conditions for issue and maintenance of a licence \u2014 Amendment Regulation to amend the Regulation respecting persons who must respect the conditions for issue and maintenance of a licence relative to video lotteries Whereas under subparagraph b.\\ of the first paragraph of section 119 of the Act respecting lotteries, publicity contests and amusement machines (R.S.Q., c.L-6), enacted by paragraph 1 of section 70 of Chapter 39 of the Statutes of 1993, the Government may, by regulation, determine, where a legal person is required to hold a licence relating to video lotteries, the persons who must also meet the conditions for the issue and maintenance of a licence; Whereas by Order in Council 1258-93 dated I September 1993, the Government made the Regulation respecting persons who must respect the conditions for issue and maintenance of a licence relative to video lotteries; Whereas it is expedient to amend the Regulation; Whereas under section 12 of the Regulations Act (R.S.Q., c.R-18.1), a proposed regulation may be made without having been published as prescribed in section 8 of that Act where the authority making it is of the opinion that the urgency of the situation requires it; Whereas under section 18 of that Act, a regulation may come into force on the date of its publication in the Gazette officielle du Québec where the authority that has made it is of the opinion that the urgency of the situation requires it; Whereas under sections 13 and 18 of that Act, the reason justifying the absence of prior publication and such coming into force shall be published with the Regulation; Whereas in the opinion of the Government, the urgency owing to the following circumstances justifies the absence of prior publication of the Regulation and its coming into force on the date of its publication: \u2014 section 1 of the Regulation respecting persons who must respect the conditions for issue and maintenance of a licence relative to video lotteries refers to an incorrect provision in the Rules concerning video lottery machines; \u2014 as a result of the faulty reference, the Regulation fails to identify the conditions that must be respected by directors and shareholders holding 10 % or more of the shares with full voting rights where a legal person submits an application or holds a manufacturer's licence or a repairman's licence for video lottery machines; \u2014 that situation makes it impossible for the Régie des alcools, des courses et des jeux to fulfill its supervisory function in the field of video lotteries and makes section 1 of the Regulation useless; \u2014 it is expedient to correct the situation without delay; Whereas it is expedient to make the Regulation; It is ordered, therefore, upon the recommendation of the Minister of Public Security: That the Regulation to amend the Regulation respecting persons who must respect the conditions for issue and maintenance of a licence relative to video lotteries, attached hereto, be made.Benoît Morin, Clerk of the Conseil exécutif Regulation to amend the Regulation respecting persons who must respect the conditions for issue and maintenance of a licence relative to video lotteries An Act respecting lotteries, publicity contests and amusement machines (R.S.Q., c.L-6, Is' par, subpar.b.\\\\ 1993, c.39, s.70, par.1) 1.The Regulation to amend the Regulation respecting persons who must respect the conditions for issue and maintenance of a licence relative to video lotteries, made by Order in Council 1258-93 dated I September 1993, is amended in section.1 by substituting the number \"30\" for the number \"29\". 5720 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol.125.No.45 Part 2 2.This Regulation comcs into force on the date of its publication in the Gazette officielle du Québec.7888 Gouvernement du Québec O.C.1450-93, 20 October 1993 Financial Administration Act (R.S.Q.c.A-6) An Act respecting the Ministère des Approvisionnements et Services (R.S.Q., c.M-23.01) Services contracts, supply contracts and construction contracts of the Société québécoise d'assainissement des eaux By-law respecting services contracts, supply contracts and construction contracts of the Société québécoise d'assainissement des eaux Whereas under section 49.1 of the Financial Administration Act (R.S.Q., c.A-6) and section 7.2 of the Act respecting the Ministère des Approvisionnements et Services (R.S.Q., c.M-23.01), the Government may exempt all contracts made or all the activities carried on by a public body, or certain categories of contracts or activities, from the application of the government regulations, provided that the body has adopted, by bylaw, special rules governing the conditions of those contracts or activities; Whereas the board of directors of the Société québécoise d'assainissement des eaux has adopted the By-law respecting services contracts, supply contracts and construction contracts of the Société québécoise d'assainissement des eaux; Whereas by Order in Council -93, the Government excluded certain categories of contracts and certain categories of activities of the Société québécoise d'assainissement des eaux from the application of the government regulations respecting contracts; Whereas under the above-mentioned sections 49.1 and 7.2, the By-law of the Corporation has effect only when approved by the Government upon the recommendation of the Conseil du trésor and following the advice of the Minister of Supply and Services; - .Whereas the By-law of the Corporation has been recommended by the Conseil du trésor following favourable advice from the Minister of Supply and Services; Whereas under section 12 of the Regulations Act (R.S.Q., c.R-18.1), a proposed regulation may be made notwithstanding the prior publication requirement set out in section 8 of that Act where the authority making it is of the opinion that the urgency of the situation requires it; Whereas under section 18 of that Act, a regulation may come into force on the date of its publication in the Gazette officielle du Québec or between that date and the date applicable under section 17 of that Act where the authority making it is of the opinion that the urgency of the situation requires it; Whereas under sections 13 and 18 of that Act.the reason justifying the absence of prior publication and such coming into force shall be published with the regulation; Whereas the Government is of the opinion that the urgency owing to the following circumstances justifies the absence of prior publication and such coming into force: \u2014 since 1981, the Corporation has awarded its services, supply and construction contracts in accordance with the Regulation respecting contracts entered into by the Société québécoise d'assainissement des eaux (R.R.Q., 1981, c.S-18.2.1, r.1).which provides, in particular, special rules for awarding professional services contracts that are specific and exclusive to the Corporation; \u2014 the awarding of the above-mentioned contracts is part of the ordinary, indeed even daily operations, of the Corporation within the framework of the powers conferred upon it by the Act establishing it; \u2014 the Corporation's operations and, therefore, the proper functioning of the Water Purification Programme might be seriously affected by the temporary application of the new government regulations if the special rules provided for in the By-law respecting services contracts, supply contracts and construction contracts of the Société québécoise d'assainissement des eaux are not approved before 1 November 1993; \u2014 all the special rules provided for in the above-mentioned By-law are a mere renewal of the regulatory provisions presently applicable to the Corporation, except that the thresholds beyond which a call for tenders must be issued are made identical to those already granted to municipalities under the Act to amend the Cities and Towns Act.the Municipal Code Part 2 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol.125, No.45 5721 of Québec and other legislative provisions (1992, c.27); \u2014 it is necessary that the Société québécoise d'assainissement des eaux may pursue its ordinary activities normally after I November 1993; « Whereas it is expedient to approve the By-law; It is ordered, therefore, upon the recommendation of the Minister of the Environment, the Minister for Administration and the Public Service and Chairman of the Conseil du Trésor and the Minister of Supply and Services: That the Regulation respecting services contracts, supply contracts and construction contracts of the Société québécoise d'assainissement des eaux, attached hereto, be approved.Benoît Morin, Clerk of the Conseil exécutif By-law respecting services contracts, supply contracts and construction contracts of the Société québécoise d'assainissement des eaux Financial Administration Act (R.S.Q.c.A-6, s.49.3.2) An Act respecting the Ministère des Approvisionnements et Services (R.S.Q., c.M-23.01.s.7.7) 1.The Regulation respecting contracts entered into by the Société québécoise d'assainissement des eaux (R.R.Q., 1981, c.S-18.2.1, r.1), amended by the Regulations made by Orders in Council 351-84 dated 15 February 1984 and 1868-87 dated 9 December 1987.constitutes the By-law respecting services contracts, supply contracts and construction contracts of the Société québécoise d'assainissement des eaux in respect of contracts entered into for the carrying out of water purification works for the needs of municipalities and rehabilitation work on municipal sewerage systems, except that the thresholds beyond which the Corporation must issue a public call for tenders or an invitation to tender are replaced by thresholds identical to those provided for in sections 573 and 573.1 of the Cities and Towns Act and in articles 935 and 936 of the Municipal Code of Québec, as amended by sections 26, 27, 49 and 50 of the Act to amend the Cities and Towns Act, the Municipal Code of Québec and other legislative provisions, assented to on 23 June 1992 (1992, c.27).The Corporation shall issue an invitation to tender to one or several suppliers of its choice before awarding any other services, supply and construction contract, excluding services contracts related to travel or snow removal, which must be entered into in accordance with the General Regulation respecting the conditions of contracts of government departments and public bodies and the Regulation respecting travel services contracts of government departments and public bodies or the Regulation respecting snow removal services contracts of government departments and public bodies.2.This By-law comes into force on the day of its publication in the Gazette officielle du Québec and has effect until 1 September 1994.7889 National Assembly Decision of the Office number 0622-2, 20 October 1993 Financial Administration Act (R.S.Q., c.A-6) An Act respecting the Ministère des Approvisionnements et Services (R.S.Q., c.M-23.01) Contracts of the Chief Electoral Officer \u2014 Contracts of the Commission de la représentation Concerning the Regulation respecting the contracts of the Chief Electoral Officer and the Regulation respecting the contracts of the Commission de la représentation adopted under the Financial Administration Act and the Act respecting the Ministère des Approvisionnements et Services Whereas, under section 49 of the Financial Administration Act (R.S.Q., c.A-6), the Government may, by regulation, upon the recommendation of the Conseil du trésor, determine the conditions of contracts made by a public body and specify the cases in which such contracts are subject to authorization by the Government, the Conseil du trésor or, depending on the public body, the board of directors of the public body; Whereas, under section 49 of the Act, any person designated by the National Assembly to perform duties that come under the National Assembly and any body of which the National Assembly appoints the majority of the members are considered to be a public body; 5722 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol.125, No.45 Part 2 Whereas, under sections 49.1 and 49.3 of the Act, the Office of the National Assembly may exempt all contracts made by any such designated person or by the Commission de la représentation from the application of certain provisions of the regulation made under section 49 of the Act, and it may also exempt certain categories of contract made by any such designated person or by the Commission de la représentation from the application of all or some of the provisions of such a regulation; Whereas, under sections 49.1 and 49.3 of the Act, any such designated person or the Commission de la représentation must have adopted, by regulation, special rules governing the conditions of contracts or categories of contracts so exempted; Whereas, under sections 49.1 and 49.3 of the Act, that regulation has effect only when approved by the Office of the National Assembly, and the special rules governing the conditions of contracts entered into by any such designated person or by the Commission de la représentation shall be published in the Gazette officielle du Québec; Whereas, under section 49.3.2 of the Act, any such designated person and the Commission de la représentation have, for the purposes of sections 49.1 and 49.3 of the Act, the power to adopt the special rules referred to therein; Whereas, under section 7 of the Act respecting the Ministère des Approvisionnements et Services (R.S.Q., c.M-23.01), the Minister of Supply and Services shall develop and propose to the Government policies relating to the acquisition and construction of property and to the leasing and supply of goods and services for public bodies; Whereas, under section 7.1 of the Act, the Government may make regulations pertaining to matters referred to in section 7 of the Act, which shall apply to a public body; Whereas, under section 9 of the Act, any person designated by the National Assembly to perform duties that come under the National Assembly and any body of which the National Assembly appoints the majority of the members are considered to be a public body; Whereas, under sections 7.2 and 7.4 of the Act, the Office of the National Assembly may exempt all activities carried on by any such designated person or by the Commission de la représentation from the application of certain provisions of a regulation made under section 7.1 of the Act, and it may also exempt certain categories of activities carried on by any such desig- nated person or by the Commission de la représentation from the application of all or some of the provisions of such a regulation; Whereas, under sections 7.2 and 7.4 of the Act, any such designated person or the Commission de la représentation must have adopted, by regulation, special rules governing the activities so exempted; Whereas, under sections 7.2 and 7.4 of the Act, that regulation has effect only when approved by the Office of the National Assembly, and the special rules governing the activities of any such designated person or the Commission de la représentation shall be published in the Gazette officielle du Québec; Whereas, under section 7.7 of the Act, any such designated person and the Commission de la représentation have, for the purposes of sections 7.2 and 7.4 of the Act, the power to adopt the special rules referred to therein; Whereas, under the Election Act (R.S.Q., c.E-3.3), the Chief Electoral Officer is a person designated by the National Assembly to perform duties that come under the National Assembly and the members of the Commission de la représentation are appointed by the National Assembly; Whereas, in accordance with section 49.3.2 of the Financial Administration Act and section 7.7 of the Act respecting the Ministère des Approvisionnements et Services, the Chief Electoral Officer adopted the Regulation respecting the contracts of the Chief Electoral Officer on October I, 1993 and the Commission de la représentation adopted the Regulation respecting the contracts of the Commission de la représentation on October 1, 1993; Whereas it is expedient to approve these Regulations; The Office decides: That the Regulation respecting the contracts of the Chief Electoral Officer and the Regulation respecting the contracts of the Commission de la représentation, attached hereto, be approved; That the Chief Electoral Officer and the Commission de la représentation be exempt from the application of the regulations made under section 49 of the Financial Administration Act or under section 7.1 of the Act respecting the Ministère des Approvisionnements et Services in accordance with the provisions of the Regulation respecting the contracts of the Chief Electoral Part 2 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol.125, No.45 5723 Officer and the Regulation respecting the contracts of the Commission de la représentation attached hereto; That this decision replaces Decision 609 dated June 18, 1993; That this Decision and the Regulation respecting the contracts of the Chief Electoral Officer and the Regulation respecting the contracts of the Commission de la représentation attached hereto be published in the Gazette officielle du Québec.Regulation respecting contracts of the Chief Electoral Officer Financial Administration Act (R.S.Q., c.A-6, s.49.3.2) An Act respecting the Ministère des Approvisionnements et Services (R.S.Q., c.M-23.01, s.7.7) CHAPTER I GENERAL DIVISION 1 SCOPE 1.This Regulation applies to supply, services and construction contracts as well as to contracts for the purchase or leasing of immovables of the Chief Electoral Officer.Notwithstanding the foregoing, this Regulation does not apply to the contracts awarded under a cooperation agreement financed in whole or in part by an international cooperation organization if the agreement includes rules for the awarding of contracts.2.The regulations adopted by the Government pursuant to section 49 of the Financial Administration Act (R.S.Q., c.A-6) and pursuant to section 7.1 of An Act respecting the Ministère des Approvisionnements et Services (R.S.Q., c.M-23.01) apply to those contracts of the Chief Electoral Officer that are not referred to in section 1.However, the authorization and approval powers that these regulations confer on the government, the Conseil du trésor or a minister do not apply to the contracts of the Chief Electoral Officer.DIVISION 2 INTERPRETATION 3.In this Regulation, unless the context indicates otherwise, Amount of the contract means the total financial commitment under a contract, taking into account renewals provided for therein or, in the case of an open contract, the maximum expenditure that may result therefrom; (montant du contrat) Auxiliary services contract means a contract for services of a technical nature; (contrat de services auxiliaires) Call for bids means a method of calling for tenders that consists in inviting suppliers to submit only a price or a rate for carrying out a project; (appel de soumissions) Call for candidacies means a method of calling for tenders that consists in inviting suppliers to describe their experience and that of their principal collaborators as well as the principal achievements that they wish to submit in support of their candidacies; (appel de candidatures) Call for proposals without prices means a method of calling for tenders that consists in inviting suppliers to submit a proposal for carrying out a project without submitting a price for that proposal; (appel de propositions sans prix) Call for proposals with prices means a method of calling for tenders that consists in inviting suppliers to submit a proposal for carrying out a project as well as a price for that proposal; (appel de propositions avec prix) Call for tenders means a procedure for calling for competitive bids from a number of suppliers by inviting them to submit tenders for the obtention of a contract; (appel d'offres) Central register means a list of suppliers of goods and services drawn up by the Chief Electoral Officer from the central register of suppliers of goods and services to the Government and from the directory of the Centre de recherche industrielle du Québec; (fichier) Construction contract means a contract entered into for the equipping, restoring, reequipping, maintenance, renovation, repairing and alteration of a building by specialized construction workers; (contrat de construction) 5724 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol.125, No, 45 Part 2 Contract to lease immovables means a contract, other than an occupation agreement, by which the right to occupy an immovable is acquired for a certain time in return for rent; (contrat de location d'immeubles) Individual means a natural person whose services are required because he has the personal qualities, knowledge or skills necessary for the performance of a services contract; (individu) Information technologies means software, electronic hardware or combinations thereof used to collect, store, process, transmit, protect or destroy information in any form, particularly in the form of text, symbols, sound or images: {technologies de l'information) Invitation to tender means a call for tenders extended to a limited number of suppliers, inviting them to submit their candidacy, a proposal or a tender for the purpose of obtaining a contract; (appel d'offres sur invitation) Occupation agreement means an agreement entered into between the Chief Electoral Officer and the Société immobilière du Québec to occupy a space made available by the Société; (entente d'occupation) Open contract means a supply or services contract under which the Chief Electoral Officer, to meet the needs of a defined group of users for a given period, undertakes to purchase certain goods or services from a supplier who, in turn, undertakes to supply those goods and services for that period as needed and at the prices and conditions agreed to; (contrat ouvert) Place of business means the establishment where the supplier conducts his activities on a permanent basis and which is clearly identified by the supplier's name and is accessible during regular business hours; (établissement) Professional means a person who, because he is entered on the roll of a professional corporation within the meaning of the Professional Code (R.S.Q., c.C-26) or because his training has been certified by an undergraduate university degree, or the equivalent, recognized by the ministère de l'Éducation, is authorized to provide professional services; (professionnel) Professional services contract means a contract for services provided by professionals or under the supervision thereof; (contrat de services professionnels}- Public call for tenders means a call for tenders published in at least one daily newspaper in Québec; (appel d'offres public) Services contract means a contract for the supply or carrying out of a service, excluding a snow removal services contract, a financial or banking services contract, a contract for creation referred to in the Règlement sur l'intégration des arts à l'architecture et à l'environnement des édifices du gouvernement du Québec (R.R.Q., 1981, c.M-20, r.3) or a contract entered into with an individual; (contrat de services) Snow removal contract means a services contract for work related to the removal of snow and ice from roads, wharves, airports or other transport infrastructures; (contrat de déneigement) Spontaneous proposal means a written proposal submitted by a supplier on the supplier's own initiative and intended to fulfil or attempt to fulfil a Chief Electoral Officer requirement in an original manner at a given price through the performance of a contract; (proposition spontanée) Standing offer means a supplier's commitment to sell or lease specific goods or services at predetermined prices or in accordance with a predetermined method of setting prices, on specific terms and conditions, for specific periods of time, and as those goods or services are required by a defined group of users; that commitment may contain an obligation to deliver the goods or services concerned whenever a user so requests, or an obligation to deliver the goods or services concerned in so far as they are available; (offre permanente) Supplement means an amount over and above the initial amount of a contract, including all related expenses, and due to a change made to the contract by the Chief Electoral Officer or to a change as to quantity in a unit price contract; (supplément) Supplier means a corporation, partnership, cooperative or natural person engaged in business, except a public body within the meaning of section 3 of the Act respecting Access to documents held by public bodies and the Protection of personal information (R.S.Q., c.A-2.1), a department or body of another government in Canada, or a non-profit corporation that is not an adapted work centre; (fournisseur) Supply contract means a contract for the purchase or lease of movable property that may include the cost of transporting, installing, operating or maintaining of that property; (contrat d'approvisionnement) Travel agency means a supplier that offers travel services at a given place of business; (agence de voyage) Traveller means any person whose travel expenses are assumed by the Chief Electoral Officer; (voyageur) Part 2 GAZETTE OFFICIELLE DU QUÉBEC.October 27.1993.Vol.125.No.45 5725 Travel service means any service related to a trip, which may include advice on the organization of the trip, the reservation, issue and delivery of airline passenger tickets, hotel reservations, car rental and, if necessary, the reservation, issue and delivery of ground transportation tickets; (service relatif aux voyages) Unit price contract means a contract of which the amount consists of unit prices multiplied by estimated quantities, plus any fixed prices, (contrat à prix unitaire) CHAPTER II CONDITIONS FOR VALIDITY OF CONTRACTS 4.A contract shall be entered into in accordance with this Regulation, except in an emergency situation where the safety of persons or property is in jeopardy.5.A contract shall (1) have a defined object; (2) be of a fixed duration or of a duration limited by the nature of the mandate; (3) contain a financial commitment or, in the case of an open contract, provide for a maximum expenditure; (4) have been the subject of an application by a duly authorized person to charge the amount of a financial commitment to a budget; (5) be evidenced in writing, unless that is contrary to customary practice; (6) be accompanied, where required, by performance security in the form and under the terms and conditions prescribed by this Regulation; and (7) be signed by the Chief Electoral Officer or by a person empowered to sign in his name.However, paragraphs 2 to 5 do not apply in the case of a contract for legal services, or for a professional or expert services contract entered into for legal purposes and paragraph 3 does not apply when it is a contract to choose a publicity agency.%, No services or supply contract or subcontract for an amount of $100 000 or more may be awarded to a supplier or subcontractor who is located in Québec and whose business has more than 100 employees, unless that supplier or subcontractor has made a commitment to implement an affirmative action program conforming to the Charter of human rights and freedoms (R.S.Q., c.C-12).The Chief Electoral Officer may refuse to award any new contract to suppliers or subcontractors who do not respect this commitment.7.Where such a contract or a subcontract must be awarded to a supplier or a subcontractor outside Québec but inside Canada and whose business has more than 100 employees, that supplier or subcontractor shall provide in advance an attestation that he has committed himself to the equal opportunity program of his province or territory, where applicable, or, failing that, to a federal equal opportunity program.The Chief Electoral Officer shall award no other contract to a supplier or a subcontractor whose attestation has been revoked until such time as he is issued a new attestation.CHAPTER III SOLICITING AND AWARDING OF CONTRACTS DIVISION 1 GENERAL 8.A contract shall be awarded by a call for tenders, except (1) where the contract is entered into with a contracting party other than a supplier; (2) where the contract is awarded to a supplier selected on the basis of a standing offer accepted in accordance with this regulation or a regulation made under the Act respecting the Ministère des Approvisionnements et Services; (3) where the contract is awarded in response to a spontaneous proposal; (4) where there is no or only one supplier with a place of business in Québec or, where an intergovernmental agreement applies, in Canada; or (5) where, due to transportation costs or control requirements, it is necessary to award the contract to a supplier located near the place where the contract is carried out or near the offices of the Chief Electoral Officer.9.A supply contract shall be awarded by a call for tenders, except (1) where the estimated amount of the contract is less than $1 COO; 5726 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol.125, No.45 Part 2 (2) where the goods to be purchased have already been the object of a lease contract, and the payments are totally or partially credited to the purchase; (3) in the case of a contract for the purchase of works of art; (4) in the case of a subscription contract or a contract for the purchase of books; or (5) in the case of a contract the estimated amount of which is less than $25 000 for the purchase of furniture for the private office of the Chief Electoral Officer in the execution of his duties.10.A services contract shall be awarded by a call for tenders, except (1) where the estimated amount of the contract is less than $10 000 in the case of a professional services contract and less than $5 000 in the case of an auxiliary services contract; (2) where the same construction plans and specifications are used again and where the original designer is responsible for adaptation, alteration or supervision; (3) where it is expedient to mark the boundaries of private property that is adjacent to a property of the Chief Electoral Officer, in which case the provisions of the Code of Civil Procedure respecting to boundary marking apply; (4) in the case of a contract for the supply of services entered into with a supplier who holds a monopoly in the field of communications, electricity or gas; (5) in the case of a contract for repairing motor vehicles or heavy machinery; (6) in the case of a contract for the maintenance of specialized equipment that must be performed by the manufacturer or his representative; (7) in the case of a contract for data processing involving the use of data banks owned by the supplier; (8) in the case of a contract for legal services, or in the case of a professional or expert services contract entered into for legal purposes; (9) in the case of a contract for the hiring of an investigator, conciliator, negotiator or arbitratot in the field of labour relations; or (10) in the case of a travel services contract.11.A construction contract shall be awarded by a call for tenders, except (1) where the estimated amount of the contract is less than $5 000; (2) where the work involves the equipping or rec-quipping of all or part of leased immovables and is entrusted to the lessor, in which case the Chief Electoral Officer shall negotiate with the lessor; (3) where the work involves the repair of specialized equipment furnished by a manufacturer or by an authorized representative of the manufacturer, in which case the Chief Electoral Officer shall negotiate with the manufacturer or the manufacturer's authorized representative; or (4) where the performance of the work by a contractor who did not perform the original work could void existing guarantees, in which case the Chief Electoral Officer shall negotiate with the contractor who performed the original work.12.A contract to acquire or lease immovables shall be awarded by a call for tenders, except (1) in the case of a leasing contract whose estimated amount is less than $75 000 and whose duration docs not exceed one year; (2) in the case of the renewal of a leasing contract; (3) in the case of the extension of a space occupied by the Chief Electoral Officer; (4) in the case of the rental of parking spaces; or (5) in the case of an occupation agreement entered into with the Société immobilière du Québec.13.The Chief Electoral Officer may make an exception to the call for tenders procedure when awarding a contract related to an electoral activity provided for by law and for which the Chief Electoral Officer is responsible if, in the opinion of the Chief Electoral Officer, this procedure would compromise the carrying out of this activity due to the special requirements or time limits involved.DIVISION 2 CALL FOR TENDERS PROCEDURE 14.Where a contract must be awarded by a call for tenders, the call for tenders procedure shall be any of the following procedures or a combination thereof: Pari 2 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993.Vol.125.No.45 5727 (1) call forbids; (2) call for proposals with prices; (3) call for proposals without prices; (4) call for candidacies.§1.Supply contracts 15.A call for bids shall be used in each case where a call for tenders is required.16.Where an open contract is in force or where there is a list of suppliers from whom a standing offer has been accepted, that contract or list shall be used to purchase or lease the goods provided for therein.§2.Services contracts 17.Tenders shall be solicited by means of (1) a call for proposals with or without prices or a call for candidacies in the case of a professional services contract; (2) a call for bids in the case of an auxiliary services contract; or (3) a call for bids or for proposals with prices for the purposes of drawing up a list of suppliers from whom a standing offer will be accepted.18.In the case of a contract to choose a publicity agency, the call for candidacies shall be followed by a second stage that consists in issuing a call for proposals without prices to the chosen suppliers.19.Where an open contract is in force or where there is a list of suppliers from whom a standing offer has been accepted, that contract or list shall be used to purchase the services provided for therein.§3.Construction contracts 20.A call for bids shall be used in each case where a call for tenders is required.21.A contract may not be entered into unless it is (1) a \"fixed price contract\": where the work required of the contractor is set out accurately and in detail and a price is agreed upon for the entire project, in which case the tenders are for that price; (2) a \"unit price contract\": where the specifications provided in the description of the work are drawn up accurately and in detail, but where all or some quantities are indicated as estimates only, in which case the tenders are for a global price that is the sum of each unit price multiplied by the estimated quantity, plus any fixed prices; or (3) a \"cost-plus contract\": where the work is of such nature that the prices cannot be determined, or where the urgency of the work is such that it is necessary to begin the work before the plans and specifications have been completed, in which case the tenders are for the additional amount.22.The contract price shall include all applicable federal, provincial and municipal taxes, customs duties and clearance, permits, licences, royalties for the supply and use of patented appliances, apparatus or processes, all related expenses incurred as required to perform the work and any other expenses arising from the contract documents.DIVISION 3 RULES FOR AWARDING CONTRACTS 23.In the case of a call for bids, the contract shall be awarded to the supplier who submitted the lowest conforming bid, as calculated in accordance with the method provided for in the tender documents.If identical bids are submitted, the contract shall be awarded by drawing lots among the suppliers concerned.The amount of the contract shall not exceed the price tendered.24.In the case of a call for proposals with prices, the contract shall be awarded to the supplier whose proposal has the best quality/price ratio.A selection committee created by the Chief Electoral Officer shall evaluate the proposals.In the case of identical results, the contract shall be awarded to the supplier who submitted the lowest price.Where the proposals and the prices are identical, the contract shall be awarded by drawing lots among the suppliers concerned.The amount of the contract shall not exceed the price tendered.25.In the case of a call for candidacies or a call for proposals without prices, the contract shall be awarded to the supplier who obtained the highest score according to the evaluation of the candidacies or proposals by a selection committee created by the Chief Electoral Officer.In the case of identical results, the contract shall be awarded by drawing lots among the suppliers concerned.26.In the case of a call for candidacies or a call for proposals with or without prices, the contract shall contain a clause stipulating that the supplier may not 5728 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol.125, No.45 Part 2 change the resources indicated in the proposal or candidacy submitted without the authorization of the Chief Electoral Officer or of his designated representative.27.Where a list of suppliers of goods or services from whom a standing offer has been accepted has been drawn up, the contract shall be awarded to a supplier registered on such a list in accordance with the awarding procedures described in the instructions to tenderers given out when the call for tenders is held.28.The Chief Electoral Officer may, following an invitation to tender, negotiate the price of the lowest acceptable tender or of the acceptable proposal with the best quality/price ratio where that price varies considerably from the initial estimate.29.The Chief Electoral Officer may, following a public call for tenders, negotiate the price with the sole acceptable tenderer where the tendered price varies considerably from the initial estimate.DIVISION 4 SPONTANEOUS PROPOSALS 30.A spontaneous proposal shall contribute directly to the attainment of an objective pursued by the Chief Electoral Officer and shall fall within the mission of the latter.31.The Chief Electoral Officer shall receive each spontaneous proposal and shall evaluate whether its level of quality justifies the awarding of a contract without a call for tenders.32.It is the duty of the Chief Electoral Officer to determine whether a spontaneous proposal is in keeping with the objectives of his mandate.CHAPTER IV TYPES OF CALLS FOR TENDERS DIVISION 1 PUBLIC CALL FOR TENDERS §1.Cases where used 33.A public call for tenders shall be used in the following cases: (1) for supply contracts, except those related to information technologies, and for services contracts whose estimated amount exceeds $200 000; (2) for construction contracts whose estimated amount exceeds $500 000; or (3) for contracts to acquire or lease immovables where a call for tenders is required.§2.Procedure 34* A call for tenders shall be published in French in one daily newspaper in Montréal and in Québec, and in a daily newspaper or a regional weekly newspaper distributed in the region where the services are to be performed.35.The published text of the call for tenders shall include, at a minimum, (1) a brief description of the goods or services required or the construction work planned; (2) the place where tender documents can be obtained or consulted and the name of the person who may give information on the call for tenders; (3) the amount of the non-refundable deposit required to obtain documents; (4) the nature and amount of the tender security required, where applicable; (5) the place and time limit fixed for the submission and opening of tenders; (6) a statement that only tenders submitted by suppliers having a place of business in Québec and the required qualifications will be considered; (7) the list, where applicable, of the special conditions to be met by the contractor in terms of organization, equipment, manpower or experience; and (8) a statement that the Chief Electoral Officer does not undertake to accept any of the tenders.36.Instructions to suppliers shall describe the tendering procedure, specify the required supporting documents, determine the validity period, state noncompliance clauses, inform the suppliers of the rules to be followed in evaluating and analysing the tenders and the validity requirements of the contract concerned, provided for in this regulation.Furthermore, where the purpose of the call for tenders is to draw up a list of suppliers from whom a standing offer will be accepted, instructions to suppliers shall specify the procedures for selecting the suppliers to be registered on the list and the awarding procedures prescribed for those contracts.37*.Provisions relating to non-compliance clauses of tenders shall stipulate that a tender will be automatically rejected where Part 2 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol.125.No.45 5729 (1) a required document is missing; (2) a required signature by an authorized person or persons on a document is missing; .(3) an erasure of or correction to the tendered or proposed price is not initialed by the authorized person or persons; (4) the tender is conditional or restrictive; (5) the place and time limit fixed for receiving tenders has not been respected; or (6) any other condition specified as essential in the instructions to suppliers has not been respected.38.The time fixed for receiving tenders is calculated from the date of the first publication of the call for tenders and may not be less than 8 days.38.Any addenda shall be forwarded to the suppliers to whom tender documents have been furnished.If the addenda cannot be forwarded at least 7 days before the time limit for receiving tenders, the closing date shall be postponed accordingly.40.The opening of tenders shall take place upon the expiry of the time fixed for receiving tenders.41.Where tenders cannot be received or opened at the place or time fixed in the published call for tenders, notice shall be given to suppliers to whom the documents have been furnished, informing them of the changes in place or time.42.The tenders received shall be opened publicly by a representative of the Chief Electoral Officer in the presence of a witness, except (1) in the case of a professional services contract or where the purpose of the tenders is to draw up a list of suppliers from whom a standing offer will be accepted, in which cases the only information given to the suppliers present shall be the names of the tenderers; or (2) where it is specified otherwise in the call for tenders documents.43.A tender is valid for 45 days from the date fixed for submitting tenders; the parties may agree to extend that period of validity.§3.Special rules applicable to construction contracts 44.Where the tenders are for a global price, the Chief Electoral Officer shall correct any calculation errors in the lowest tender and, where applicable, add a unit price that has been omitted if the global price is not affected.Notwithstanding the foregoing, such correction may not alter a tendered unit price or fixed price.45.The corrections provided for in section 44 shall be made in compliance with the following: (1) if the global price remains lower than the price of the second lowest acceptable tender, the corrected price shall be retained; and (2) if the global price becomes higher than the price of the second lowest acceptable tender, the latter shall become the lowest acceptable tender and shall then be subjected to the same verification procedure.46.Subject to section 37, a tender shall not be rejected by reason of an error that does not affect the tendered prices or an omission in respect of the tender documents if the tenderer makes the necessary corrections at the Chief Electoral Officer's request within 10 days following the opening of the tender.DIVISION 2 INVITATION TO TENDER §1.Cases where used 47.An invitation to tender shall be used in the following cases: (1) for supply contracts whose estimated amount exceeds $1 000 but is less than $200 000; (2) for auxiliary services contracts whose estimated amount exceeds $5 000 but is less than $200 000; (3) for professional services contracts whose estimated amount exceeds $10 000 but is less than $200 000; or (4) for construction contracts whose estimated amount exceeds $5 000 but is less than $500 000.If the tenders are for the purpose of drawing up a list of suppliers from whom a standing offer will be accepted, the estimated amount of the contract is the total estimated value of all of the contracts that will be concluded under this offer.48.An invitation to tender shall be addressed to a minimum of 3 or to a minimum of 5 suppliers, according to the estimated amount of the contract. 5730 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993.Vol.125, No.45 Part 2 49.An invitation to tender to a minimum of 3 suppliers registered in the central register shall be used in the following cases: ( 1 ) for supply contracts whose estimated amount exceeds $1 000 but is less than $25 000; (2) for auxiliary services contracts whose estimated amount exceeds $5 000 but is less than $25 000; (3) for professional services contracts whose estimated amount exceeds $10 000 but is less than $50 000; or (4) for construction contracts whose estimated amount exceeds $5 000 but is less than $100 000.50.An invitation to tender to a minimum of 5 suppliers registered in the central register shall be used in the following cases: ( 1 ) for supply contracts whose estimated amount exceeds $25 000 but is less than $200 000; (2) for auxiliary services contracts whose estimated amount exceeds $25 000 but is less than $200 000; (3) for professional services contracts whose estimated amount exceeds $50 000 but is less than $200 000; or (4) for construction contracts whose estimated amount exceeds $100 000 but is less than $500 000.§2.Procedure 51.The invitation to tender shall be preceded by a request for names of suppliers registered in the central register where the specialty or category is provided for therein.Where the specialty or category is not provided for, the Chief Electoral Officer shall invite the required number of suppliers of his choice to tender.Should it be impossible to find the required number, the Chief Electoral Officer shall turn to the known suppliers.52.Depending on the size of the contract to be awarded, the Chief Electoral Officer shall undertake the appropriate steps in the procedure for a public call for tenders in preparing documents for an invitation to tender.Moreover, for supply contracts whose estimated amount is less than $25 000, invitations and tenders may be made verbally, in which case a written statement of all the acts performed shall be kept.53.The non-compliance clauses prescribed in the procedure for a public call for tenders apply to the procedure for an invitation to tender.54.Where the tenders arc submitted in writing, the representative of the Chief Electoral Officer shall open the tenders in the presence of a witness, after the time limit fixed for receiving tenders.§3.Central register 55.The Chief Electoral Officer may draw up a central register from the central register of suppliers of goods and services to the Government and from the directory of the Centre de recherche industrielle du Québec.He shall draw up the lists of suppliers according to the specialties or categories that he determines.56.Suppliers shall be selected at random; a selected supplier may not be selected again until the list has been exhausted.57.A new list shall be drawn up when the last name on a list has been referred.58.Where the central register does not contain enough suppliers to meet the requirements of the call for tenders in a specialty or a category, the Chief Electoral Officer shall invite suppliers of his choice to tender to meet the number of suppliers required.Should it be impossible to find the required number, the Chief Electoral Officer shall turn to the known suppliers.59.A supplier's name may be struck off the central register where (1) the supplier's registration has been cancelled in the central register of the suppliers of goods and services to the Government; (2) the supplier has gone bankrupt or has discontinued activities; (3) the supplier cannot be reached at the address and telephone number provided; (4) the supplier fails to respect any of his undertakings or no longer meets the conditions prevailing at the time of his registration; (5) the supplier fails to respond to an invitation to tender twice within a 12-month period; or (6) the supplier receives an unsatisfactory performance report. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol.125, No.45 5731 In the cases referred to in paragraphs (4), (5) and (6), the supplier's name may not be re-entered in the central register before the expiration of a 12-month period from the date of the striking-off.CHAPTER V CONTRACT MANAGEMENT DIVISION 1 SUPPLEMENTS 60.Any supplement to a contract shall be authorized in advance by the Chief Electoral Officer or by a person empowered to sign the contract.DIVISION 2 SECURITY 61.The Chief Electoral Officer shall require tender security for auxiliary services contracts whose estimated amount exceeds $200 000 and for construction contracts whose estimated amount exceeds $500 000.He may require tender security in other cases.62.Where tender security is required, it shall be valid for the period of validity of the tenders and shall be in an amount equal to (1) 10 % of the estimated amount of the contract or of the standing offer where the security is in the form of a bond provided by a company legally empowered to stand surety; or (2) 5 % of the estimated amount of the contract or of the standing offer where the security is in the form of a certified cheque, money order, draft, irrevocable letter of guarantee that was issued by a bank, a savings or credit union or a trust or savings company, bearer bonds issued or guaranteed by the Government of Québec or the Government of Canada and whose due date falls within a 5-year period.63.The Chief Electoral Officer may require performance security for the duration of the contract.In such case, the security is calculated on the amount of the contract or on the estimated amount of the open contract or standing offer and shall be in an amount equal to (1) 10 % of the amount, where the security is in the form of a bond provided by a company legally empowered to stand surety; or (2) 5 % of the amount, where the security is in the form of a certified cheque, money order, draft bearer bonds issued or guaranteed by the Government of Qué- bec or the Government of Canada and whose due date falls within a 5-year period.64.Where tender security is required for construction contracts, the tenderer shall also provide, prior to the signing of the contract, performance security and security for the contractor's obligations with respect to wages, materials and services in an amount equal to (1) 50 % of the amount of the contract for each type of security where security is in the form of a bond provided by a company legally empowered to stand surety; or (2) 10 % of the amount of the contract, if the work pertains to a building, and 5 % or 10 % of the amount of the contract for other work where the security is in the form of a certified cheque, money order, draft, bearer bonds issued or guaranteed by the Government of Québec or the Government of Canada and whose due date falls within a 5-year period.65.In the case of construction contracts, sums to guarantee performance of the contractor's obligations shall be held back as follows: (1) for work pertaining to a building, 10 % shall be held back and returned to the contractor upon final receipt of the work if all the contractor's obligations have been fulfilled; if any of the contractor's creditors have not been paid, the Chief Electoral Officer may use all or part of the sums held back to pay the creditors; (2) for other work, 5 % shall be held back if the security prescribed in paragraph 2 of section 64 equals 10 % of the amount of the contract, and 10 % shall be held back if the security equals 5 % of the amount of the contract, and the sums shall be returned 6 months following the date on which they were held back if the contractor's obligations have been fulfilled; if any of the contractor's creditors have not been paid, the Chief Electoral Officer may use all or part of the sums held back to pay the creditors.However, where the guarantee is in the form of a bond, no sum shall be held back to guarantee performance of the contractor's obligations.66.Performance security may be returned to the person who furnished it only after final receipt of the work or after acceptance of the goods or services by a person authorized to do so.67.In the case of construction contracts, performance security and security for the contractor's obligations with respect to wages, materials and services in a form other than a bond shall be returned to the contrac- 5732 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol.125, No.45 Part 2 tor not later than one month after final receipt of the work by the Chief Electoral Officer, except for work pertaining to a building, in which case the security shall be exchanged lor new security in an amount equal to 1 % of the amount of the contract and shall be returned to the contractor one year after final receipt of the work.DIVISION 3 TRANSFER OF CONTRACT 68.Under penalty of nullity, no contracting party may transfer a contract, in whole or in part, without having obtained prior authorization to do so from the Chief Electoral Officer or his designated representative.DIVISION 4 PAYMENT 69.Unless the contract provides for the payment of an advance, no payment may be made before an authorized person attests that the goods or services have been delivered in accordance with the contract.Any application for payment shall be signed by the Chief Electoral Officer or by a duly empowered person.70.Unless it is contrary to customary practice, a verbal agreement entered into in an emergency situation shall be put into writing before payment is made for performance thereof.71.Where the Chief Electoral Officer cancels a project that was to lead to the signing of a contract, he shall pay an indemnity to the supplier in order to compensate him for expenses incurred.DIVISION 5 PERFORMANCE EVALUATION 72.The Chief Electoral Officer shall record in a performance report the evaluation that he makes for any services contract for an amount exceeding $10 000 and for any supply contract for an amount exceeding $10 000 which has been the subject of a report of noncompliance with a contract clause.73.The Chief Electoral Officer shall forward a copy of a satisfactory performance report to the supplier concerned if the supplier so requests in writing.74.The Chief Electoral Officer shall forward a copy of any unsatisfactory performance report to the supplier concerned.The supplier may then forward in writing to the Chief Electoral Officer any comments on that report.If the case arises, the Chief Electoral Officer sjhall, either revoke or uphold the evaluation and shall inform the supplier of that decision.The supplier's comments are added to the performance report.DIVISION 6 SPECIAL RULES FOR CONSTRUCTION CONTRACTS §1, Change orders 75.The Chief Electoral Officer may alter the work by issuing a change orâer.76.The value of any change is determined according to (1) the acceptance by the contractor of a fixed price; (2) the unit prices set out in the contract or subsequently agreed upon; or (3) the cost of labour, materials and equipment increased by 15 % if the work is performed by the contractor or a subcontractor, to which 10 % of the cost of the work is added for the contractor if the work is performed by a subcontractor; the increase includes general and administrative expenses, and profit.77.Where the Chief Electoral Officer and the contractor cannot agree on the price of changes, the price shall be fixed in accordance with paragraph 3 of section 76.78.No change may be required after provisional receipt of the work.§2.Taking possession 79.The Chief Electoral Officer shall take possession of the work by means of a provisional or final notice of receipt.80.The provisional notice of receipt is a document signed by the representative authorized for that purpose by the Chief Electoral Officer, certifying that most of the work has been completed, that the remaining work cannot be completed owing to contingencies beyond the contractor's control and that the value of work to be corrected other than work to be completed, is equal to or less than 0.5 % of the total amount of the contract.The notice shall be sent with a list of defects to be corrected and, where applicable, a list of the work that cannot be completed owing to contingencies beyond the contractor's control. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, October 27, J993, Vol.125, No.45 5733 81.The final notice of receipt is a document signed by the representative authorized for that purpose by the Chief Electoral Officer, certifying that the work is ready for its intended use, that the contractor has made the appropriate corrections to rectify the defects indicated, if any.and that all the work has been completed.82.Once the contractor's contract has been partially completed, the Chief Electoral Officer may take possession of any completed portion of the work provided that the contractor consents thereto and guarantees free and safe access to the portions coming into service, without this being a provisional or final receipt of the work.§3.Non-performance of contract 83.In the event of non-performance on the part of the contractor, the Chief Electoral Officer, after giving notice to the contractor, shall apply to the surety or, where the security is in a form other than a bond, confiscate the security, take possession of the site and have the work completed using the sums owing to the contractor under the contract.84.Every contract shall stipulate the time period after which the contractor may demand termination of the contract in the event that work is suspended for a reason not attributable to the contractor.That time period may not be less than 60 days.CHAPTER VI TRAVEL SERVICES CONTRACTS 85.The central register of the Chief Electoral Officer shall include a list of travel agencies drawn up using the agencies entered in the central register of suppliers of goods and services to the Government for the territory of the Communauté urbaine de Québec.86.Any travel services contract that includes the issue of an airline passenger ticket shall be entered into with an agency entered in the central register.However, a travel services contract for a trip by air may, where there is an emergency, be entered into by the traveller directly with the air carrier or travel agency of the traveller's choice, upon authorization by the Chief Electoral Officer.87.The Chief Electoral Officer shall each year randomly select a travel agency entered in the central register to which he shall award travel services contracts.88.The Chief Electoral Officer shall designate a member of his staff whose responsibilities shall be to assign a number to each traveller to be used as a reference by the travel agency for billing purposes and to ensure that bills arc paid.89.A travel agency shall undertake to (1) provide to every traveller the services which are generally offered to the travelling public, in particular: (a) advice on the organizing of trips; (b) scat reservations, issue of passenger tickets with any air carrier, hotel reservations and car rental; (c) advance delivery of passenger tickets to customers if time limits allow; in all other cases, forwarding passengers tickets by means of telecommunications methods to any airport served by the air carrier; id) preparation and delivery with the passenger ticket of an individualized itinerary in the case of a trip with more than one stop; (e) the issue, at no cost for the Chief Electoral Officer or the traveller, of a life insurance policy of $150 000 on each passenger ticket issued; (2) provide the required services in French and assign experienced staff necessary for the fulfilment of the contract; (3) provide each traveller with the most suitable connection between the point of departure and the destination according to the schedule that the Chief Electoral Officer considers the most appropriate; (4) take the necessary measures to ensure that in every case the lowest rate is applied to the travellers, in particular, by forming, insofar as possible, groups for the application of preferential rates each time that the number of passengers so permits; (5) obtain, for the benefit of the Chief Electoral Officer, all gratuities generally granted by airline companies or travel wholesalers; (6) make no solicitation of travellers; and (7) agree to be paid upon submission of a periodic statement of account.90.A traveller shall cooperate with a travel agency in respect of any request for a change in schedule which would enable the Chief Electoral Officer to benefit from lower rates, where such change does not impede the travellers work schedule. GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol.125, No.45 Part 2 5734 91.Where the traveller adds personal vacation days to a business trip, the Chief Electoral Officer shall benefit from any reduced rates which might thereby be obtained.92.Where it is decided that a trip is not to be taken after a contract has been entered into, the Chief Electoral Officer shall, upon presentation of vouchers, reimburse the travel agency for disbursements paid to an air carrier for which the travel agency cannot obtain a refund.CHAPTER VII TRANSITORY AND FINAL 93.Procedures for awarding contracts undertaken before the coming into force of this Regulation shall be continued in compliance with the provisions \"in force at the time the awarding procedures were undertaken.94.Any contract under performance at the time of the coming into force of this Regulation shall be continued in compliance with the provisions of this Regulation, unless this Regulation is incompatible with a provision of the contract under performance, in which case the latter provision shall prevail.95.This Regulation comes into force on the day of its publication in the Gazette officielle du Québec.Sainte-Foy, 1 October 1993 PlERRE-E CÔTÉ, C.R.Chief Electoral Officer of Québec TABLE OF CONTENTS Section CHAPTER I GENERAL 1 DIVISION 1 SCOPE 1 DIVISION 2 INTERPRETATION 3 CHAPTER II CONDITIONS FOR VALIDITY OF CONTRACTS 4 CHAPTER III SOLICITING AND AWARDING OF CONTRACTS 8 DIVISION 1 GENERAL 8 DIVISION 2 CALL FOR TENDERS PROCEDURE 14 §1.Supply contracts 15 §2.Services contracts 17 §3.Construction contracts 20 DIVISION 3 RULES FOR AWARDING CONTRACTS 23 DIVISION 4 SPONTANEOUS PROPOSALS 30 CHAPTER IV TYPES OF CALLS FOR TENDERS 33 DIVISION 1 PUBLIC CALL FOR TENDERS 33 §1.Cases where used 33 §2.Procedure 34 §3.Special rules applicable to construction contracts 44 DIVISION 2 INVITATION TO TENDER 47 §1.Cases where used 47 §2.Procedure 51 §3.Central register 55 CHAPTER V CONTRACT MANAGEMENT 60 DIVISION 1 SUPPLEMENTS \u2022 60 DIVISION 2 SECURITY 61 DIVISION 3 TRANSFER OF CONTRACT 68 DIVISION 4 PAYMENT 69 DIVISION 5 PERFORMANCE EVALUATION 72 Part 2_GAZETTE OFFICIELLE DU QUÉBEC.October 27, 1993, Vol.125, No.45_5735 CONTRACTS 75 §1.Change orders 75 §2.Taking possession 79 §3.Non-performance of contract 83 CHAPTER VI TRAVEL SERVICES CONTRACTS 85 CHAPTER VII TRANSITORY AND FINAL 93 Regulation respecting contracts of the Commission de la représentation Financial Administration Act (R.S.Q., c.A-6, s.49.3.2) An Act respecting the Ministère des Approvisionnements et Services (R.S.Q., c.M-23.01.s.7.7) 1.This Regulation applies to supply contracts and services contracts of the Commission de la représentation.2.The provisions prescribed in the Regulation respecting contracts of the Chief Electoral Officer, published in the Gazette officielle du Québec on 27 October 1993, apply, making the necessary adaptations, to the contracts of the Commission de la représentation.3.Notwithstanding section 2, the central register of the Commission de la représentation is the central register of the Chief Electoral Officer.4.This Regulation comes into force either on the day of its publication in the Gazette officielle du Québec.Sainte-Foy, 1 October 1993 PlERRE-E CÔTÉ, c.r., Chairman of the Commission de la représentation Eddy Giguere, Secretary of the Commission de la représentation 7884 DIVISION 6 SPECIAL RULES FOR CONSTRUCTION I i # # Parc 2 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol.125, No.45 5737 Draft Regulations Draft Regulation Professional Code (R.S.Q., c.C-26) Denturologists \u2014 Conciliation and arbitration procedure for the accounts Notice is hereby given, in accordance with sections 10 and II of the Regulations Act (R.S.Q., c.R-18.1), that the \"Regulation respecting the conciliation and arbitration procedure for the accounts of members of the Ordre des denturologistes du Québec\", made by the Bureau of the Ordre des denturologistes du Québec, the text of which appears below, may be submitted to the Government, which may approve it with or without amendment, upon the expiry of 45 days following this publication.Any person having comments to make is asked to transmit them, before the expiry of the 45-day period, to the Chairman of the Office des professions du Québec, complexe de la place Jacques-Cartier, 320, rue Saint-Joseph Est, 1er étage, Québec (Québec), GIK 8G5.These comments will be forwarded by the Office to the Minister responsible for the administration of legislation concerning the professions; they may also be forwarded to the professional corporation that made the Regulation as well as to the persons, departments and agencies concerned.Robert Diamant, Chairman of the Office des professions du Québec Regulation respecting the conciliation and arbitration procedure for the accounts of members of the Ordre des denturologistes du Québec Professional Code (R.S.Q., c.C-26, s.88) DIVISION 1 CONCILIATION 1.A client who has a dispute with a member of the Ordre des denturologistes du Québec concerning the amount of an unpaid account for professional services may file a written application for conciliation with the syndic, provided that the member has not instituted proceedings to recover the account.2.A client who has a dispute with a member concerning the amount of an account for professional services that he has already paid in whole or in part may also file a written application for conciliation with the syndic within a 45-day period from the date of receipt of the account by the client.3.A member may not institute proceedings to recover an account for professional services before the expiry of a 45-day period from the date of receipt of the account by the client.4.Within the 5 days of receiving an application for conciliation, the syndic shall notify the member concerned or, where he is unable to notify the member personally within that period, shall notify the member's firm.He shall also send a copy of this Regulation to the client.Once the syndic has received an application for conciliation, the member may not institute proceedings to recover his account so long as the dispute may be settled by conciliation or arbitration.Notwithstanding the foregoing, a member may request provisional measures in accordance with article 940.4 of the Code of Civil Procedure (R.S.Q., c.C-25).5.The syndic shall proceed with the conciliation using such procedure as he considers appropriate. 5738 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol.125, No.45 Part 2 6.Any agreement reached during conciliation shall be reduced to writing, shall be signed by the client and the member and shall be filed with the secretary of the Order.7.Where conciliation does not lead to an agreement within 45 days from the date of the receipt of the application for conciliation, the syndic shall send a report on the dispute to the client and to the member, by registered or certified mail.The report shall contain the following information, where applicable: (1) the amount of the account in dispute; (2) the amount that the client acknowledges owing; (3) the amount that the member acknowledges having to reimburse or is willing to accept as a settlement of the dispute; (4) the amount suggested by the syndic during conciliation as payment to the member or as a reimbursement to the client.The syndic shall send the client the form in Schedule 1 and shall indicate to him the procedure and the deadline for submitting the dispute to arbitration.DIVISION 2 ARBITRATION §1.Application for arbitration 8.Within 30 days of receiving the conciliation report, the client may apply for arbitration of the account by sending the form in Schedule 1 to the secretary of the Order.A copy of the conciliation report shall accompany the client's application for arbitration.9.Within 5 days of receiving an application for arbitration, the secretary of the Order shall notify the member concerned or, where he is unable to notify the member personally within that period, shall notify the member's firm.10* A client who wishes to withdraw his application for arbitration shall so notify the secretary of the Order in writing.**- ' 11* A member who acknowledges having to reimburse an amount to a client shall deposit that amount with the secretary of the Order, who shall then remit it to the client.In such case, the arbitration shall proceed and shall pertain only to the amount still in dispute.12* Any agreement reached by the parties after the application for arbitration has been filed shall be reduced to writing, shall be signed by the parties and shall be filed with the secretary of the Order.Where the parties reach an agreement after a council of arbitration has been formed, the agreement shall be recorded in the arbitration award.§2.Council of arbitration 13.The council of arbitration shall be composed of 3 arbitrators where the amount in dispute is $ 1 500.00 or more and of a single arbitrator if it is less than $ 1 500.00.14.The Bureau shall appoint the member or the members of the council of arbitration from among the members of the Order and, if the council is composed of 3 arbitrators, shall designate the chairman and the secretary thereof.15.Before acting, the members of the council of arbitration shall take the oath or make the solemn affirmation in Schedule 2.16.The secretary of the Order shall send written notice to the arbitrators and the parties informing them of the formation of the council of arbitration.17.A request that an arbitrator be recused may be filed only for a reason provided for in article 234 of the Code of Civil Procedure.The request shall be sent in writing to the secretary of the Order, to the council of arbitration and to the parties or their advocates within 10 days of receipt of the notice provided for in section 16 or of the day on which the reason for the request becomes known.The bureau shall decide the request and, where applicable, shall see that the arbitrator is replaced.§3.Hearing 18.The secretary of the Order shall give the parties or their advocates and the arbitrators at least 10 days' written notice of the date, time and place of the hearing.19.The parties are entitled to be represented or assisted by an advocate.20.The council of arbitration shall, as soon as possible, hear the parties, receive their evidence or record any failure on their part.For those purposes, it shall follow such procedure as it considers appropriate. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993.Vol.125, No.45 5739 21.A party requesting that the testimony be recorded shali assume the cost thereof.22.Should an arbitrator die or be unable to act, the other arbitrators shall see the matter through.If the council of arbitration consists of a single arbitrator, he shall be replaced by a new arbitrator and the dispute shall be reheard.§4.Arbitration award 23.The council of arbitration shall issue its award within 60 days of the end of the hearing.24.The award shall be a majority award of the members of the council.The award shall give reasons and shall be signed by all the members.Where a member refuses or is unable to sign, the others shall mention that fact and the award shall have the same effect as though it were signed by all the members.25.The costs incurred by a party for the arbitration shall be borne by that party.26.In its award, the council of arbitration may uphold or reduce the amount of the account in dispute, determine the reimbursement or payment to which a party may be entitled, and rule on the amount that the client acknowledges owing and that he sent with his application for arbitration.27.In its award, the council of arbitration may decide the arbitration expenses, which are the expenses incurred by the Order for the arbitration.The total expenses may not exceed 10 % of the amount to which the arbitration pertains.Where the account in dispute is upheld in whole or in part, or where a reimbursement is granted, the council of arbitration may add thereto interest and an indemnity calculated in accordance with article 1078.1 of the Civil Code of Lower Canada from the date of the application for conciliation.28.The arbitration award is binding on the parties but is subject to compulsory execution only after having been homologated in accordance with the procedure provided for in articles 946.1 to 946.5 of the Code of Civil Procedure.29.The arbitration award shall be filed with the secretary of the Order and shall be sent to each party or to their advocates within 10 days after being filed.30.This Regulation replaces the Regulation respecting the procedure for conciliation and arbitration of accounts of denturologists (R.R.Q., 1981, c.D-4, r.8), but the latter Regulation continues to govern the procedure for conciliation and arbitration of disputes for which conciliation by the syndic is applied for prior to the date of coming into force of this Regulation.31.This Regulation comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec.SCHEDULE I (s.8) APPLICATION FOR ARBITRATION OF AN ACCOUNT I, the undersigned .(client's name) (domicile) declare that: 1) .(member's name) is claiming from me (or refuses to reimburse to me) a sum of money for professional services.2) 1 have enclosed a copy of the conciliation report.3) I am applying for arbitration of the account under the Regulation respecting the conciliation and arbitration procedure for the accounts of members of the Ordre des denturologistes du Québec.4) I have received a copy of the Regulation mentioned above and have taken cognizance thereof.5) I agree to submit to the procedure provided for in the Regulation and, where required, to pay to.(member's name) the amount of the arbitration award.Signature SCHEDULE II (s.15) OATH OR SOLEMN AFFIRMATION I swear (or solemnly affirm) to perform all my duties and to exercise all my powers as an arbitrator faithfully, impartially and honestly, to the best of my ability and knowledge 5740 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol.125, No.45 Part 2 I also swear (or solemnly affirm) that I will not, without being so authorized by law, disclose or make known anything whatsoever of which I may take cognizance in the performance of my duties.Signature Sworn (or solemnly affirmed) before me at.on.Commissioner for oaths 7883 Draft Regulation Professional Code (R.S.Q., c.C-26) Engineers \u2014 Business of the Bureau» administrative committee and general meetings \u2014 Amendments Notice is hereby given, in accordance with sections 10 and 11 of the Regulations Act (R.S.Q., c.R-18.1), that the \"Regulation to amend the Regulation respecting the business of the Bureau, the administrative committee and general meetings of the Ordre des ingénieurs du Québec\", made by the Bureau of the Ordre des ingénieurs du Québec, the text of which appears below, may be submitted to the Government, which may approve it with or without amendment, upon the expiry of 45 days following this publication.Any person having comments to make is asked to transmit them, before the expiry of the 45-day period, to the Chairman of the Office des professions du Québec, complexe de 1b place Jacques-Cartier, 320, rue Saint-Joseph Est, 1\" étage, Québec (Québec), G1K 8G5.These comments will be forwarded by the Office to the Minister responsible for the administration of legislation concerning the professions; they may alio be forwarded to the professional corporation that made the Regulation as well as to the persons, departments and agencies concerned.Robert Diamant, Chairman of the Office des profissions du Québec _ Regulation to amend the Regulation respecting the business of the Bureau, the administrative committee and general meetings of the Ordre des ingénieurs du Québec Professional Code (R.S.Q., c.C-26, s.94, par.a) 1.The Regulation respecting the business of the Bureau, the administrative committee and general meetings of the Ordre des ingénieurs du Québec approved by Order in Council 1427-92, dated September 23, 1992 is amended by revoking section 18.2.This Regulation is amended by adding the following sections after section 42: \"42.1 The president is entitled to compensation when he participates in a meeting of the Bureau, the administrative committee, a commission, or other committee constituted by the Bureau.The president may be remunerated for the exercise of his other functions and powers.The remuneration of the president shall not exceed the fixed hourly rate of the person in charge established by the Council of the Treasury for purposes of application of the Tariff.of Fees for professional services furnished by engineers to the Government adopted by Order in Council 1235-87, dated August 2, 1987 as amended from time to time.42.2 The vice-president - professional affairs, the vice-president - corporate affaires and the vice-president - planning and development are entitled to compensation when they participate in a meeting of the Bureau, the administrative committee, a commission or any other committee constituted by the Bureau.42.3 The elected directors are entitled to compensation when they participate in a meeting of the Bureau, a commission or any other committee constituted by the Bureau.42.4 The vice-president who exercises the functions and powers of the president under section 7, the elected director appointed as spokesman of the Order under section 14 and the elected director appointed as representative of the Order on the Québec Interprofessional Council under paragraph d of section 86 of the Professional Code shall be remunerated in the same manner as the president. Part 2 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol.125, No.45 5741 42.5 The remuneration of the president, the vice-president, the appointed spokesman and the representative of the Order for the Interprofessional Council, as well as the value of the compensation paid pursuant to sections 42.1, 42.2 and 42.3 shall be determined by resolution of the Bureau.\".3.This Regulation comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec.7881 Draft Regulation Professional Code (R.S.Q., c.C-26) Forest engineers \u2014 Terms and conditions for election to the Bureau \u2014 Amendments Notice is hereby given, in accordance with sections 10 and II of the Regulations Act (R.S.Q., c.R-18.1), that the \"Regulation respecting terms and conditions for election to the Bureau of the Ordre des ingénieurs forestiers du Québec (Amendment)\", made by the Bureau of the Ordre des ingénieurs forestiers du Québec, the text of which appears below, may be submitted to the Government, which may approve it with or without amendment, upon the expiry of 45 days following this publication.Any person having comments to make is asked to transmit them, before the expiry of the 45-day period, to the Chairman of the Office des professions du Québec, complexe de la place Jacques-Cartier, 320, rue Saint-Joseph Est, l\u20acf étage, Québec (Québec), GIK 8G5.These comments will be forwarded by the Office to the Minister responsible for the administration of legislation concerning the professions; they may also be forwarded to the professional corporation that made the Regulation as well as to the persons, departments and agencies concerned.Robert Diamant, Chairman of the Office des professions du Québec _ Regulation respecting terms and conditions for election to the Bureau of the Ordre des ingénieurs forestiers du Québec (Amendment) Code des professions (L.R.Q., c.C-26.a.93.par.b) 1.The Regulation respecting terms and conditions for election to the Bureau of the Ordre des ingénieurs forestiers du Québec (R.R.Q., 1981.c.1-10, r.6) amended by the Regulations approved by Orders in Council 683-86 dated 21 May 1986, 155-87 dated 4 February 1987 and 499-91 dated 10 April 1991, is further amended by substituting the second paragraph of section 2.01 by the following: \"The directors shall be elected for a term of three years.They shall take office immediately after the first meeting of the Bureau following the counting of the vote.\".2.Section 2.02 is amended by substituting the following paragraphs for paragraphs a, b and c: \"a) Québec region: I or 2 directors shall be elected every year depending on whether 1 or 2 terms have expired; b) Other regions: 1 director shall be elected in each one of the eight regions where the term has expired.\".3.The Regulation is amended by inserting, after section 3.17, the following division: \"DIVISION IV TRANSITIONAL PROVISIONS 4.01 For the year 1994, in the following regions, the following number of directors shall be elected: a) Lower Saint-Laurent - Gaspésie regions: 1 director b) Saguenay - Lac Saint-Jean regions: 1 director c) Québec region: 2 directors d) North Shore region: 1 director.4.02 For the year 1995, in the following regions, the following number of directors shall be elected: a) Québec region: 1 director b) Eastern Township region: 1 director 5742 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993.VW.125, No.45 Part 2 c) Trois-Rivières region: 1 director d) Montréal region: 1 director.4.03 For the year 1996, in the following regions, the following number of directors shall be elected: a) Québec region: 2 directors b) Outaouais region: I director c) North Western - New Québec regions: I director.\".4* This Regulation comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec.7882 Part 2 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993.Vol.125, No.45 5743 Index Statutory Instruments Abbreviations: A: Abrogated, N: New, M: Modified Regulations \u2014 Statutes__ ._Pay Comments Application of a Building Code - 1990.5712 N (Public Buildings Safety Act, R.S.Q., c.S-3) Civil Code of Québec \u2014 Tariff of Court Fees in Civil Matters and of Court Office Fees.5710 N (1980, c.39) Code of Civil Procedure \u2014 Tariff of Court Fees in Civil Matters and of Court Office Fees.5710 M (R.S.Q., c.C-25) Contracts of the Chief Electoral Officer \u2014 Contracts of the Commission de la représentation.5721 N (An Act respecting the Ministère des Approvisionnements et Services, R.S.Q.c.M-23.01) Contracts of the Chief Electoral Officer \u2014 Contracts of the Commission de la représentation.5720 N (Financial Administration Act, R.S.Q., c.A-6) Courts of Justice Act \u2014 Tariff of Court Fees in Civil Matters and of Court Office Fees.5710 M (R.S.Q., c.T-16) Delegation of signature.5707 N (An Act respecting the Société immobilière du Québec, R.S.Q., c.S-17.1) Denturologists \u2014 Conciliation and arbitration procedure for the accounts.5737 Draft (Professional Code, R.S.Q., c.C-26) Engineers \u2014 Business of the Bureau, administrative committee and general meetings.5740 Draft (Professional Code, R.S.Q., c.C-26) Financial Administration Act \u2014 Contracts of the Chief Electoral Officer \u2014 Contracts of the Commission de la representation.5721 N (R.S.Q., c.A-6) Financial Administration Act \u2014 Services contracts, supply contracts and construction contracts of the Société québécoise d'assainissement des eaux.5720 N (R.S.Q., c.A-6) Forest engineers \u2014 Terms and conditions for election to the Bureau.5741 Draft (Professional Code, R.S.Q., c.C-26) Lotteries, publicity contests and amusement machines, An Act respecting.\u2014 Video lotteries \u2014 Persons who must respect the conditions for Issue and maintenance of a licence.5719 M (R.S.Q.c.L-6) » Ministère des Approvisionnements et Services, An Act respecting the.\u2014 Contracts of the Chief Electoral Officer \u2014 Contracts of the Commission de la représentation.\u2022.3721 N (R.S.Q., c.M-23.01) 5744 GAZETTE OFFICIELLE DU QUÉBEC, October 27, 1993, Vol.125.No.45 Part 2 Ministère des Approvisionnements et Services, An Act respecting the.\u2014 Services contracts, supply contracts and construction contracts of the Société québécoise d'assainissement des eaux.5720 N (R.S.Q., c.M-23.01) Professional Code \u2014 Denturologists \u2014 Conciliation and arbitration procedure for the accounts.5737 Draft (R.S.Q., c.C-26) Professional Code \u2014 Engineers \u2014 Business of the Bureau, administrative committee and general meetings.5740 Draft (R.S.Q., c.C-26) Professional Code \u2014 Forest engineers \u2014 Terms and conditions for election to the Bureau.5741 Draft (R.S.Q., c.C-26) Public Buildings Safety Act \u2014 Application of a Building Code - 1990.5712 N (R.S.Q., c.S-3) Public Buildings Safety Act \u2014 Safety in public buildings.5717 M (R.S.Q., c.S-3) Safety in public buildings.5717 M (Public Buildings Safety Act, R.S.Q., c.S-3) Services contracts, supply contracts and construction contracts of the Société québécoise d'assainissement des eaux.5720 N (An Act respecting the Ministère des Approvisionnements et Services, R.S.Q., c.M-23.01) Services contracts, supply contracts and construction contracts of the Société québécoise d'assainissement des eaux.5720 N (Financial Administration Act, R.S.Q., c.A-6) Société immobilière du Québec, An Act respecting the.\u2014 Delegation of signature.5707 N (R.S.Q., c.S-17.1) Tariff of Court Fees in Civil Matters and of Court Office Fees.5710 M (Civil Code of Québec, 1980.c.39) Tariff of Court Fees in Civil Matters and of Court Office Fees.5710 M (Code of Civil Procedure, R.S.Q., c.C-25) Tariff of Court Fees in Civil Matters and of Court Office Fees.5710 M (Courts of Justice Act, R.S.Q., c.T-16) Video lotteries \u2014 Persons who must respect the conditions for issue and maintenance of a licence.5719 M (An Act respecting lotteries, publicity contests and amusement machines, R.S.Q., c.L-6) MECANIQUE DU BATIMENT 2e ÉDITION, REVUE ET CORRIGÉE Collection: Répertoire des profils de formation professionnelle mécai»i \"on ma' Bulk En nombre third troisième class classe Permis No.2614 Québec "]