Canada Quebec – Laws and Regulations Relating to Municipal PPPs

Canada has a dual system - with common law applying outside Quebec and a mix of civil law (Civil Code for matters of private law) and common law (matters of public law) applied in Quebec. As regards PPPs, Quebec established a PPP unit (2004) and passed a law on contracts passed by public entities (Loi sur les contrats des organismes publics) consolidating a number of principles. This law together with its regulations (règlement sur les contrats de concession du gouvernement) apply to: supply contracts; service contracts; construction contracts; specific contracts defined under specific regulations (including some concession contracts) and PPP contracts (defined as contracts «concluded as part of an infrastructure project under which a public authority chooses to involve a contractor for its conception, construction and operation»).

Loi sur les contrats des organismes publics

Règlement sur les contrats de concession du gouvernement

• While this law is deemed to apply to a number of public bodies, municipalities are excluded. A law on the powers of municipalities (Loi sur les compétences municipales) defines questions that fall within the power of municipalities - and the conclusion of contracts by the latter is governed by the law on urban centers (Loi sur les Cités et les Villes) and the Code governing rural municipalities (Code Municipal du Québec). Specific texts also apply to the city of Montreal (including for the application of certain provisions of the Loi sur les contrats des organismes publics.