Application process

How long is the wait time between when an authorization application is filed and the AMF issues a decision?

Applications are processed as quickly as possible. Processing times may vary, depending on the application.

A completed, compliant application, i.e., where the thresholds and categories of public contracts and subcontracts are applicable, will take about 8 weeks to process as of the date of receipt, provided that no specific issue is brought to light during the audits provided for under the Act respecting contracting by public bodies (CQLR, c. C-65.1).

Processing times are longer for applications for authorization not subject to current applicable thresholds.

 

 

What is the fee for an AMF authorization?

To be considered admissible, the application for authorization must be filed with the payment of an initial lump-sum fee of $428 to cover the filing, opening, analysis and processing of the application.

Afterwards, once the AMF has analyzed the application for authorization and has determined that it is complete and compliant, the enterprise will be encouraged to complete the business relationship disclosure forms.

The enterprise must pay a fee of $214 for each person or entity subject to an audit following the disclosure of a business relationship, including the officers, directors or entities that control it.

How do enterprises file an application for authorization?

Québec enterprises must submit an application for authorization via AMF E-Services.

Foreign enterprises, i.e., those that are not constituted under the laws of Québec AND do not have their head office or an establishment in Québec where they primarily conduct their activities, must complete a paper application.

A Companion Guide for enterprises is available under the Public Contracts section of the website.

What are the roles of the AMF and the Unité permanente anti-corruption and its partners, the Sûreté du Québec, the Régie du bâtiment du Québec, the Commission de la construction du Québec and Revenu Québec in processing and analyzing applications?

The AMF is mandated to issue authorizations.

Therefore, it receives applications for authorization.

The AMF forwards the application information to the Association Commissioner for Audits at UPAC so that he can perform the audits considered necessary, in co-operation with the Sûreté du Québec, Revenu Québec, the Régie du bâtiment du Québec and the Commission de la construction du Québec.

The Association Commissioner then sends the AMF an opinion regarding the enterprise applying for authorization. This opinion will indicate the reason for recommending or, as the case may be, refusing authorization.

Once it has received the opinion, the AMF will issue the decision regarding the application.

The AMF is also responsible for maintaining a public register of the enterprises it authorizes to enter into contracts or subcontracts with public bodies.

It is necessary to provide the licence number assigned by the Régie du bâtiment du Québec (RBQ)?

The number of the licence assigned by the Régie du bâtiment du Québec must be provided in the application for authorization. Only enterprises holding such a licence are required to provide this information.

Will an application considered to be incomplete be returned to the enterprise?

No. An application considered to be incomplete will not be returned to the enterprise.

During the analysis, if the AMF considers certain information to be incomplete, it will communicate directly with the enterprise so the latter can complete the application in a timely manner.

The AMF may require that an enterprise communicate any information the AMF considers necessary. The enterprise must communicate the information to the AMF within the time limit specified. If the enterprise fails to do so, the AMF may, under section 21.35 of the Act respecting contracting by public bodies, CQLR, c. C-65.1 (the "ACPB"), cancel the application for authorization.

It is important to note that an enterprise whose application for authorization is cancelled under section 21.35 of the ACPB may not file a new application for authorization with the AMF within 12 months after the cancellation unless the AMF allows it

Can a form be signed by a person other than the declarant? For example: "Mr. X signs on behalf of Mr. Y"?

No. Each person is responsible for preparing and signing his own declaration. Unless there is a power of attorney, for example, the liquidator in the case of a succession, a third party cannot sign the form of the person making the declaration.

The Regulation requires that audited financial statements be filed with an application for authorization. Can an enterprise that does not have audited financial statements file unaudited financial statements?

Yes. Unaudited financial statements can be filed with an application for authorization.

If the enterprise does not have audited financial statements, the AMF requires at least a review engagement report on the financial statements for the latest fiscal year (a notice to reader alone will not be accepted). Otherwise, your application for authorization cannot be processed and the application fee will not be refunded.

If your application for authorization is in response to a call for tenders and audited financial statements are not available, the enterprise must send the AMF a letter of commitment stating that the financial statements will be provided within 6 weeks of filing the application for authorization.

If your application for authorization is not in response to a call for tenders and audited financial statements are not available, the application will not be processed and the application fee will not be refunded.

Among the documents an enterprise that files an application must provide, what does the Regulation mean by “official document from the enterprise confirming the appointment of the respondent acting in such capacity”?

You must provide an official document from the enterprise appointing the respondent. This document may be one of the following:

  • a resolution of the board of directors (or an extract of the minutes evidencing the resolution);
  • a signed letter from a duly authorized director or officer of the applicant;
  • a letter from the “general partner” in the case of a limited partnership;
  • a delegation of general powers in the case of very large enterprises.

In all cases, the official document must:

  • specify the name of the applicant (or “doing business as”);
  • specify the name of the respondent and his or her appointment as respondent or indicate that the respondent is responsible for the application for authorization to enter into/renew a public contract/subcontract;
  • refer to the application for authorization or renewal or to the Autorité des marchés financiers;
  • be dated and signed.

The applicant may appoint only one respondent.

The acknowledgement of receipt sent by the AMF is not signed. Is it still an official document?

Yes. It is an official document bearing an automated signature.

If an enterprise obtains an authorization, will the authorization be valid for all subsequent contracts entered into between a public body and the enterprise or will a new application have to be filed each time?

Once an authorization is issued to an enterprise, it is valid for three years, subject to the issuance of a decision suspending or revoking the authorization.

If an enterprise that has already filed an application for authorization with the AMF subsequently changes its name, will it have to file a new application for authorization due to this change?

No, because it is the same enterprise. If it keeps the same business number (NEQ), it will not have to file a new application for authorization. It will simply have to send the AMF the document issued by the enterprise registrar stating that the application for an amendment to the enterprise register has been filed.

Does the AMF ensure the protection of the personal information sent as part of an application for authorization?

As with any mandate pertaining to its activities and, in particular, in connection with applications for authorization filed pursuant to section 21.22 of the Act respecting contracting by public bodies, CQLR, c. C-65.1, the AMF treats such information and documents as confidential.

The AMF's rights and obligations in this respect are determined and governed by various applicable laws based on circumstances, including section 16 of the Act respecting the Autorité des marchés financiers (CQLR, c. A-33.2) and section 23 of the Act respecting Access to documents held by public bodies and the Protection of personal information (CQLR, c. A-2.1). Under these provisions, access to the information collected by the AMF can be refused, to the extent that these provisions apply.

However, it is important to note that the AMF does not enter into any specific confidentiality undertaking or arrangement with an enterprise applying for an authorization or any other licence.

Thresholds and calls for tenders

Which enterprises must file an application for authorization with the AMF?

Enterprises required to obtain an authorization from the AMF are those that are competing in a call for tenders or an award process for contracts with Québec government departments and agencies and Québec municipalities involving an expenditure equal to or greater than the thresholds determined by the Government.

Given the large number of enterprises concerned, the Québec government is phasing in the Integrity in Public Contracts Act. For further information, consult Laws and Regulations – Public Contracts.

The provincial threshold is set at:

  • $5 million for construction contracts and subcontracts or public-private partnership agreements;
  • $1 million for service contracts and subcontracts entered into pursuant to a call for tenders or by mutual agreement.

These amounts include, if applicable, the amount of the expenditure that would be incurred if all renewal options were exercised.

The Ville de Montréal threshold is set at $100,000 for any of the following contracts:

  • contracts for the construction, reconstruction, demolition, repair or renovation of roads, waterworks or sewers;
  • contracts for the supply of bituminous compounds;
  • service contracts for the construction, reconstruction, demolition, repair or renovation of roads, waterworks or sewers.

In addition, the Ville de Montréal threshold is set at $25,000 for the following subcontracts directly or indirectly related to contracts subject to the abovementioned $100,000 threshold:

  • subcontracts for the construction, reconstruction, demolition, repair or renovation of roads, waterworks or sewers;
  • subcontracts for the supply of bituminous compounds;
  • service subcontracts for the construction, reconstruction, demolition, repair or renovation of roads, waterworks or sewers.

Lastly, for the Ville de Montréal, the requirement to obtain an authorization from the AMF also applies to enterprises bidding on a contract listed in the Orders in Council – Certain contracts of Ville de Montréal.

Enterprises are encouraged to sign up for E-mail Info – Public contracts via the AMF website so that they receive up-to-date information on public contracts.

Can enterprises that are planning to respond to a public call for tenders that is not covered by the Act apply now for authorization?

Enterprises that are not required to obtain an authorization at this time can still file an application for authorization with the AMF. However, these applications will not be processed on a priority basis.

Will enterprises have to obtain AMF authorization before they can bid in a public call for tenders?

For contracts that require authorization, the Act respecting contracting by public bodies, CQLR, c. C 65.1 (the “ACPB”), stipulates that an enterprise that responds to a call for tenders for a public contract or subcontract must be authorized on the date it submits its bid, unless the call for tenders specifies a different date which precedes the date the contract is entered into.

If the value or category of contract is not stipulated in the ACPB, an enterprise does not require AMF authorization to bid on the contract.

Can the AMF answer questions from representatives of municipalities and other public bodies about public calls for tenders and the conditions that apply for selecting an enterprise?

Municipal representatives should contact the ministère des Affaires municipales et de l'Occupation du territoire This link will open in a new window (MAMOT). Representatives of other public bodies should contact the Secrétariat du Conseil du Trésor This link will open in a new window.

Contracts and subcontracts

For which types of public subcontracts must an enterprise hold an authorization?

Public construction contracts or public-private partnership agreements equal to or greater than $5 million.

An enterprise must hold an authorization if it wishes to perform all or part of a contract that is currently covered by the requirement to hold an authorization issued by the AMF. For example, in the case of a $35 million contract entered into between a public body and ABC Enterprises for the construction of a new building, if ABC Enterprises wishes to enter into a contract with a company specializing in electricity to perform this part of the work, the contract will be considered a subcontract. If the value of this subcontract is equal to or greater than $5M, the electricity company must hold an authorization before it can perform this part of the contract entered into between ABC Enterprises and the public body. However, if the value of the subcontract is under $5M, the electricity company will not be required to obtain an authorization.

A subcontract is different from a contract of sale. In the above example, if the company specializing in electricity wishes to purchase equipment in a hardware store in order to do the work, this pertains to a contract of sale that does not require AMF authorization.

Ville de Montréal contracts greater than $100,000

In the above example, if ABC Enterprises enters into the same type of contract with the Ville de Montréal, the company specializing in electricity will be required to hold an authorization issued by the AMF if the subcontract it has entered into is greater than $25,000.

Please refer to the Bulletin d'interprétation des marchés publics sur la notion de sous-contrat, published by the Secrétariat du Conseil du Trésor, at http://www.tresor.gouv.qc.ca/faire-affaire-avec-letat/publications/bulletin-dinterpretation-des-marches-publics/ This link will open in a new window (in French only).

As regards a subcontract subject to the authorization requirement, who must file the application for authorization with the AMF, the principal contractor or the subcontractor?

The subcontractor is responsible for filing its own application for authorization.

Do subcontractors have to obtain an authorization from the AMF?

Yes, if the subcontract is directly or indirectly related to a contract for which authorization is required and the subcontract:

  • has a value equal to or greater than $5 million, where the contract is a construction contract or subcontract or a public-private partnership agreement; or
  • has a value equal to or greater than $1 million dollars, where the contract is a service contract or subcontract. The reduced threshold applies to all service contracts and subcontracts entered into pursuant to a call for tenders or by mutual agreement.

These amounts include, if applicable, the amount of the expenditure that would be incurred if all renewal options were exercised.

Since October 23, 2013, enterprises wishing to enter into a subcontract involving an expenditure equal to or greater than $25,000 directly or indirectly related to contracts for the construction, reconstruction, demolition, repair or renovation of roads, waterworks or sewer services of Ville de Montréal involving an expenditure equal to or greater than $100,000 and for which the award process (the publication date of the call for tenders) began as of October 23, 2013, have also been required to obtain an authorization.

Since September 24, 2014, enterprises wishing to enter into a subcontract involving an expenditure equal to or greater than $25,000 directly or indirectly related to contracts for the supply of bituminous compounds and service contracts for the construction, reconstruction, demolition, repair or renovation of roads, waterworks or sewer services of Ville de Montréal involving an expenditure equal to or greater than $100,000 and for which the award process (the publication date of the call for tenders) began as of September 24, 2014, have also been required to obtain an authorization.

Please refer to the Bulletin d'interprétation des marchés publics sur la notion de sous-contrat, published by the Secrétariat du Conseil du Trésor, at http://www.tresor.gouv.qc.ca/faire-affaire-avec-letat/publications/bulletin-dinterpretation-des-marches-publics This link will open in a new window (in French only).

Are mixed contracts subject to the authorization requirement?

Currently, supply contracts are not covered by the Act respecting contracting by public bodies, CQLR, c. C-65.1. For information about mixed contracts, please refer to the Bulletin d'interprétation des marchés publics (Détermination de la notion de sous-contrat) published by the Secrétariat du Conseil du Trésor, at http://www.tresor.gouv.qc.ca/faire-affaire-avec-letat/publications/bulletin-dinterpretation-des-marches-publics/ This link will open in a new window. The Bulletin indicates that public bodies are required to classify contracts and that enterprises are responsible for classifying their subcontracts.

Who is responsible for calculating the estimated expenditure arising from a bid in order to determine if the tenderer should hold an authorization to enter into a public contract?

It is the responsibility of enterprises to verify whether they must hold an authorization to enter into a contract. Therefore, they must determine whether the estimated expenditure arising from a bid will be equal to or greater than the amount set by the Government. The calculation of the estimated expenditure must take into account, as applicable, all options set out in the bid for tenders (additional quantities or renewal option).

Since the tax refund rate can vary from one public body to another, enterprises must check the bid documents or contact the resource person to determine whether or not the estimated expenditure includes taxes.

Public bodies planning to enter into a service or construction contract where the expenditure is equal to or exceeds the amount set by the Government must also ensure that the contracting party has obtained authorization before entering into the contract.

Foreign enterprises and sole proprietorship

In the case of an enterprise (not constituted under the laws of Québec and not have its head office or establishment in Québec where it primarily conducts its activities), what is meant by a good conduct certificate in respect of the enterprise?

The enterprise will have to provide the AMF with a good conduct certificate in respect of the enterprise, issued by the local authorities, including a government or a government department or agency.

A “good conduct certificate” means a police certificate, a criminal background check, a criminal record check, a police check or a Canadian Police Information Centre (CPIC) check.

According to the Regulation of the Autorité des marchés financiers under an Act respecting contracting by public bodies, “the location of the enterprise [...] and the persons referred to” means “the Canadian province or territory or other jurisdiction where the enterprise primarily conducts its activities or, in the case of a natural person, where he or she is domiciled.”

The following website explains how to obtain a police certificate: http://www.cic.gc.ca/english/information/security/police-cert/index.asp This link will open in a new window

If an enterprise is unable to furnish a good conduct certificate, it must provide the AMF with a sworn letter signed by the respondent or an officer of the enterprise declaring, that, during the past five years, the enterprise was not:

  • Prosecuted for or found guilty, in Canada or abroad, of an offence listed in Schedule I of the Act respecting contracting by public bodies, CQLR, c. C-65.1, or a similar offence;
  • Prosecuted for or found guilty, in Canada or abroad, of any criminal or penal offence committed in the course of its business.

When an enterprise has a principal establishment in Québec, but not its head office, does it have to submit the good conduct certificates and other documents required by section 5 of the Regulation?

In such a situation, the AMF will not require a good conduct certificate for the enterprise itself, but will require one for each of the enterprises that control it and are not constituted under the laws of Québec or do not have their head office or an establishment in Québec, provided a declaration in respect of these enterprises must be submitted to the AMF.

Moreover, in this situation, the AMF would require the officers, directors, partners or other persons associated with the enterprise who do not reside in Québec to furnish such certificates pursuant to section 21.35 of the Act respecting contracting by public bodies, CQLR, c. C-65.1.

The AMF may require that an enterprise communicate any information the AMF considers necessary. The enterprise must communicate the information to the AMF within the time limit specified. If the enterprise fails to do so, the AMF may, under section 21.35 of the ACPB, cancel the application for authorization.

It is important to note that an enterprise whose application for authorization is cancelled under section 21.35 of the ACPB may not file a new application for authorization with the AMF within 12 months after the cancellation unless the AMF allows it.

In the case of an enterprise that is not constituted under the laws of Québec and not have its head office or an establishment in Québec where it primarily conducts its activities, what is meant by a good conduct certificate in respect of the enterprise?

The AMF will not require a good conduct certificate for the enterprise itself, but would require one for each of the enterprises that control it and that are not constituted under the laws of Québec or do not have their head office or an establishment in Québec, if a declaration must be submitted to the AMF in respect of these enterprises.

Does the AMF require a good conduct certificate for foreign directors of an enterprise constituted in Québec?

Yes, as per section 21.35 of the Act respecting contracting by public bodies, CQLR, c. C-65.1 (the "ACPB").

The AMF may require that an enterprise communicate any information the AMF considers necessary. The enterprise must communicate the information to the AMF within the time limit specified. If the enterprise fails to do so, the AMF may, under section 21.35 of the ACPB, cancel the application for authorization.

It is important to note that an enterprise whose application for authorization is cancelled under section 21.35 of the ACPB may not file a new application for authorization with the AMF within 12 months after the cancellation unless the AMF allows it.

Will an enterprise whose head office is outside Québec, but which carries on activities in Québec, be considered to be a foreign enterprise, despite the fact it has a large presence in Québec, it does not "primarily" conduct its activities there?

Yes. For an enterprise to be considered a foreign enterprise within the meaning of the Regulation, it must be an enterprise that was not constituted under the laws of Québec AND does not have its head office or an establishment in Québec where it primarily conducts its activities.

Consortiums and other specific legal forms

Can an undeclared partnership or sole proprietorship that wishes to file an application for authorization with the AMF obtain a business number (NEQ) from Québec's enterprise registrar?

Yes. Since these enterprises must file an attestation from Revenu Québec when they file an application for authorization with the AMF and since an NEQ is mandatory to obtain this attestation, they can ask the enterprise registrar This link will open in a new window to assign them an NEQ.

Does the entity formed for the purpose of a consortium have to obtain the authorization or does each enterprise comprising the consortium have to obtain an authorization individually?

First, it is important to understand what is meant by consortium. A consortium is a "grouping" of two or more enterprises that is often established temporarily and for the purpose of a particular project or contract. For example, two undeclared partnerships can form a consortium, as can an undeclared partnership and a general partnership, or a limited partnership and a company. Moreover, a consortium must ordinarily take the form of one of the legal entities referred to in section 1 of the Act respecting contracting by public bodies This link will open in a new window, CQLR, c. C-65.1, in order to contract directly with a public body within the meaning of the Act.

An authorization is needed if the consortium is a general partnership, a limited partnership or a company. Each enterprise comprising the consortium will also have to file an application for authorization if the enterprise does not already hold an authorization issued by the AMF.

If the consortium is an undeclared partnership, the undeclared partnership will not have to obtain an authorization. However, each of the enterprises comprising this type of consortium must hold an authorization issued by the AMF.

Enterprises are responsible for deciding whether to declare their participation in a consortium and apply for the authorizations they consider necessary. It is not the AMF's responsibility to decide whether or not an authorization is required.

Does an undeclared partnership (that is not formed for purposes of a consortium) have to obtain an authorization, even if this type of partnership does not have its own juridical personality?

Yes. Given that an undeclared partnership can contract directly with a public body, it is subject to the authorization requirement.

Therefore, the situation is different than in the case of a consortium.

Relationships to be disclosed

According to the definition of officer in the Companion Guide for enterprises, can the general counsel or corporate secretary of the enterprise act as respondent?

Yes. Under the Act respecting contracting by public bodies, CQLR, c. C-65.1, the respondent is either the natural person who is the operator if the application for authorization is for a sole proprietorship, a director or an officer if it is for a legal person and a partner if it is for a partnership. The definition of "officer" in the guide is provided only by way of information. An enterprise may appoint other officers to act as respondent.

Can the respondent mandate his legal adviser to interact with the AMF, even if the adviser is not an officer of the enterprise?

Yes. The respondent can mandate his legal adviser to interact with the AMF. Upon receipt of the mandate, the AMF will agree to communicate with the legal adviser. However, the respondent continues to hold the title of respondent and is still responsible for the enterprise's application for authorization, notwithstanding the mandate.

What is meant by control of the enterprise?

By way of information, you can refer to the definition found in the Companion guide (pdf - 3 MB)This link will open in a new window.

Share ownership of enterprise applying for authorization

The enterprise must disclose business relationships and submit the related declaration forms for its three (3) main shareholders who each own 10% or more of its voting shares and, if applicable, all other shareholders who own a percentage equal to that of the lowest declared shareholder. For example, in the following case where shareholdings are 25%, 22%, 19%, 19% and 15%, the enterprise must declare four (4) shareholders. In this example, the shareholder who owns 15% would not be declared.

If no shareholder owns 10% or more of the voting shares, the enterprise does not disclose any business relationship and does not submit any form for its share ownership. However, it must send a letter describing its share capital to the AMF.

Share ownership of level 2 entity

The enterprise must disclose business relationships and submit the related declaration forms for all shareholders of the level 2 entity who own 20% or more of the voting shares.

If no shareholder owns 20% or more of the voting shares, the enterprise does not disclose any business relationship and does not submit any form for the share ownership of the level 2 entity. However, it must send a letter describing its share capital to the AMF.

Is the concept of officer set out in the Companion guide for enterprises limitative?

No. The description set out in the Companion guide (pdf - 3 MB)This link will open in a new window for enterprises is provided only by way of information and is not a strict definition of the word "officer." An enterprise must provide the declarations of those it considers to be officers, regardless of the title of their position.

In the case of a very large enterprise, how is the hierarchical level determined for an officer who must be declared as such to the AMF?

In the Companion Guide (pdf - 3 MB)This link will open in a new window for enterprises, "officer" means a person who directs and/or supervises the administration and/or activities of an enterprise.

  • Officer who has control means an officer who, in fact, has decision-making power over the major orientations of the enterprise. The AMF considers that an officer who has control is a person who holds a position such as, but not limited to: president, general manager, chief executive officer, chief financial officer, chief operating officer or any other position with similar functions.

    Moreover, any person in a decision-making position with respect to calls for tenders, bids, contracts and subcontracts must be disclosed to the AMF as an officer who has control.

  • Officer who does not have control means an officer who, in fact, has no decision-making power over the major orientations of the enterprise.

It is important to pay special attention when disclosing officers so as to avoid any issues that could arise and significantly delay the audit process.

Do finance companies that are not financial institutions or lenders still have to fill out a declaration as a "financial institution" or "lender"?

No. Since these companies are not financial institutions in the same way as banks, caisses (credit unions) and insurance companies, they do not have to fill out a declaration. Examples include companies that finance equipment used by an enterprise (truck fleet, vehicles, machinery, etc.).

If they do not loan money and do not qualify as lenders as such, they do not have to fill out a declaration.

In the case of a limited partnership, do the limited and general partners have to make a declaration to the AMF?

Yes. All general partners must be declared to the AMF through the relationship "Partner (natural person) who has control over the applicant" or the relationship “Partner (entity) that has control over the applicant”.

For limited partners, only the three principal ones must be declared to the AMF through the relationship "Partner (natural person) who has control over the applicant" or the relationship “Partner (entity) that has control over the applicant”.

The same reasoning applies when a limited partnership controls the enterprise applying for authorization. In this case, the relationship “Partner (natural person) who has control over the applicant” or the relationship “Partner (entity) that has control over the applicant,” must be used.

In the relationship "Financial institutions," what is meant by "with which it conducts business"?

This refers to the financial institution where the enterprise is a client.

In the case of a large enterprise, can the person signing the declarations state that, to his knowledge, the information presented is true and complete, given that an incorrect declaration could be deemed equivalent to a false or misleading statement?

The AMF expects an enterprise to provide reasonably complete information and to indicate, in the application, if the information is incomplete or non-exhaustive, so that the analyst in charge of the enterprise's file can ask the enterprise to supplement the information, where reasonably necessary.

It is not the AMF's responsibility to determine whether an enterprise can limit its declarations. It is the enterprise itself or the declarant, as the case may be, who, being aware of the scope of the information in question, will decide to limit the declaration and may, for example, chose to summarize its content, subject to providing more information upon request.

This must be stated in the declaration.

AMF Decisions

If the AMF refuses to issue an authorization, can it provide the enterprise with the reasons for its refusal? Will the enterprise have an opportunity to provide an explanation?

If the AMF intends to refuse to issue an authorization to an enterprise, it will send the enterprise a notice stating the reasons for its refusal.

In certain cases, the notice will give the enterprise the opportunity to take corrective measures. If the AMF deems such measures satisfactory, it could issue the authorization.

In all other cases, the enterprise will have the opportunity to provide the AMF with its observations and information liable to influence the AMF's decision. In fact, before refusing to grant or renew an authorization or before revoking it, the AMF must notify the enterprise in writing and allow the enterprise at least 10 days to submit written observations and provide additional documents to complete the file.

Can an enterprise contest the AMF's decision? If it wishes to complain about the AMF's decision, who should it contact?

The AMF's decision is an administrative decision. It is final and without appeal. An enterprise that wishes to complain about it must file an application for review with the Superior Court.

Will an enterprise that has been refused authorization to enter into public contracts be able to complete the public contracts it is in the process of performing?

No, unless the Conseil du trésor allows the performance of the contract, despite the lack of authorization.

Under section 21.2.0.0.1 of the Act respecting contracting by public bodies, CQLR, c. C?65.1, where an authorization is refused or revoked under this Act, the name of the enterprise will be entered for a period of five years in the register of enterprises ineligible for public contracts ("RENA"), which is currently kept by the Secrétariat du Conseil du Trésor.

Register

Why is the expiry date of the authorization not indicated in the register of authorized enterprises?

According to the Act respecting contracting by public bodies, CQLR, c. C 65.1, and its regulations, the following is the only information the register can contain:

  1. the name of the authorized enterprise, the names under which it carries on activities, and its Québec enterprise number assigned by the entreprise registrar;
  2. the contact information for the head office of the enterprise;
  3. the identification number assigned by the AMF.

Therefore, when an enterprise is included in the register of enterprises that are authorized to enter into public contracts and subcontracts, this confirms that it is authorized to enter into contracts or subcontracts with public bodies. Conversely, if, on the date the register is consulted, an enterprise is not included in the register, it does not hold such an authorization as of that date.

In addition to the public register of enterprises that have obtained an authorization from the AMF, is there a register of enterprises to which the AMF has refused to issue an authorization?

The AMF's register is a so-called "positive" register, in the sense that it only contains information about enterprises that have received an authorization.

Under section 21.2.0.0.1 of the Act respecting contracting by public bodies, CQLR, c. C-65.1, where an authorization is refused or revoked under this Act, the name of the enterprise will be entered for a period of five years in the register of enterprises ineligible for public contracts ("RENA"), which is currently kept by the Secrétariat du Conseil du Trésor.

Renewal and non-renewal

What is the procedure for renewing an authorization and the impact on the performance and/or signing of a public contract?

Under the Act respecting contracting by public bodies, CQLR, c. C-65.1, where an enterprise submits an application for renewal at least 90 days before the authorization is to expire, the enterprise remains authorized to enter into contracts, unless its authorization is revoked in the meantime. The enterprise therefore remains listed in the register of eligible enterprises (REA) until the AMF confirms whether or not its authorization will be renewed.

However, if an enterprise submits its application for renewal less than 90 days before the authorization is to expire, it will be removed from the REA once its authorization expires. Therefore, the enterprise will no longer be able to enter into new contracts or subcontracts above the applicable thresholds. However, it can continue to perform any contracts and subcontracts already in process until the AMF rules on the application for renewal.

Will the AMF confirm to the enterprise whether or not its application for renewal was submitted within the prescribed time limit?

No. As part of the renewal process, once the application for renewal has been duly submitted, the AMF sends the enterprise an acknowledgment of receipt confirming the date on which the application was received. This document, along with the authorization decision initially issued by the AMF, will enable the enterprise to determine whether its application was submitted within the time limit. The AMF will send the decision about the renewal to the enterprise once it has been issued.

Therefore, between the expiry of the initial authorization and the date the renewal decision is issued, the RAE is proof of the enterprise's authorization.

It is therefore the resource person's responsibility to systematically consult the RAE before signing a contract with an enterprise to ensure that the enterprise is authorized to enter into the contract on the contract signing date.

If an enterprise does not wish to renew its authorization, can it notify the AMF in advance?

Yes. If an enterprise does not wish to renew its authorization, it can submit its application for non-renewal using AMF E-Services. To do so, access your Client File and select the application for renewal under Public Contracts – Renewal/Non-renewal. The AMF will process the application for non-renewal and send confirmation to the enterprise once the authorization has expired.

An enterprise whose authorization has expired must send the AMF the list of its contracts/subcontracts in process using the form enclosed with the letter sent by the AMF to confirm the non-renewal of the enterprise's authorization. The enterprise must also notify the AMF if no contracts or subcontracts are in process. It is important to note that under section 27.9 of the Act respecting contracting by public bodies, CQLR, c. C-65.1, an enterprise that fails to send this list to the AMF is guilty of an offence and liable to a fine of $5,000 to $30,000 in the case of a natural person and $15,000 to $100,000 in any other case.

Furthermore, the AMF reminds enterprises that if they perform a public contract or subcontract and their authorization has expired, they could be deemed to have defaulted on the contract or subcontract on the expiry of a period of 60 days after the date their authorization expired.

AMF E-Services and clicSÉQUR

My enterprise does not have a clicSÉQUR account. How can I file my application if I don't have access to on-line services?

First, check with clicSÉQUR to see whether your enterprise can have an account. If your enterprise cannot have a clicSÉQUR account, contact an AMF Information Centre agent, or complete the Request for information This link will open in a new window form.

If your enterprise is not constituted under the laws of Québec and does not have its head office or an establishment in Québec where it primarily conducts its activities, consult the Foreign Enterprises section of the AMF website.

I have forgotten my clicSÉQUR user code or password. How can I access AMF E-Services?

If you have forgotten your clicSÉQUR access codes, you must contact clicSÉQUR This link will open in a new window.

I don't want to submit my application via AMF E-Services. Can I submit it another way?

Contact an AMF Information Centre agent, or complete the Request for information This link will open in a new window form.

When completing my application for authorization using AMF E-Services, the program tells me that I have to complete declarations. Where can I obtain these documents?

The declarations used to complete the application for authorization via AMF E-Services are available on the Guide and Declarations page of the AMF website.