Update: New Measures Adopted By Quebec To Promote Integrity In Public Contracts

On April 1, 2015, the Act to Ensure Mainly the Recovery of Amounts Improperly Paid as a Result of Fraud or Fraudulent Tactics in Connection with Public Contracts (Act) received assent following its unanimous adoption by Quebec's national assembly on March 24. The Act, which was inspired by solutions implemented in Holland, seeks to strengthen integrity in public contracts and procurement processes.

The Act is of public order. Its objective is to facilitate the recovery of sums improperly paid due to fraud or fraudulent actions committed in the course of the tendering, awarding or management of public contracts. To implement this objective, the Act:

• Provides for a reimbursement program (Reimbursement Program), giving the opportunity for offending companies or individuals to be rehabilitated on a voluntary basis;