ARTICLE · 17 DECEMBER 2014

Public Contracts: Overpayments Targeted By The Government (Again)

Norton Rose Fulbright Canada LLP

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The Government of Quebec tabled Bill 26, <em>An Act to ensure mainly the recovery of amounts obtained as a result of fraud or fraudulent tactics in connection with public contracts</em>.

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On December 3, the Government of Quebec tabled Bill 26, An Act to ensure mainly the recovery of amounts obtained as a result of fraud or fraudulent tactics in connection with public contracts (the Bill). A similar bill had been tabled on November 13, 2013, under the previous government, but there was no effective follow-up. The current Bill applies to all public contracts, whereas the previous bill applied only to public contracts in the construction industry.

Among other things, the Bill proposes an amendment to the Act respecting contracting by public bodies (the Act) to allow the Autorité des marchés financiers (AMF) to exercise its discretionary power with respect to enterprises found guilty of offences listed in the Act that wish to be able to obtain or preserve an authorization to enter into a contract/subcontract with public bodies.

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