On February 7, 2024, the Government of Québec issued an Order in Council O.C. 128-2024, which enacted amendments to the Regulation respecting contracting by public bodies in the field of information technologies, as established in the Act respecting contracting by public bodies (chapter C-65.1). These amendments introduce specific provisions regarding delivery order contracts for software, The changes are based on recommendations from the Conseil du trésor, the governing body responsible for public finances and management in Québec. The government’s objective is to clarify and make the contracting processes more efficient to improve governance, particularly in the area of information technology.

Among the key amendments, Section 48.1 allows public bodies to enter into delivery order contracts for software through mutual agreement with the Centre d’acquisitions gouvernementales. This provision applies when the contract benefits joint public bodies or those utilizing common support system services provided by the Minister of Cybersecurity and Digital Technology. Additionally, the contract must relate to software already owned by the public body, serving purposes such as updating or upgrading existing software, acquiring additional copies of the software up to the quantity already held (excluding software used for common support services), or procuring software that adds functionality, provided no other interoperable software meets the requirements.

Furthermore, before entering into a delivery order contract, public bodies must obtain authorization from their chief executive officer (CEO). This authorization must specify the objectives of the contract and identify any potential negative impacts it aims to mitigate, ensuring that the public body can continue to fulfill its mandate and provide essential services without interruption. In terms of transparency, Section 75.1 requires the Centre d’acquisitions gouvernementales to publish annual reports on contracts entered into under Section 48.1. These reports must include the name of the software, the supplier’s name, the number of software copies ordered, and the total expenditure on the contract. This measure is designed to keep citizens informed about public spending on technology and to uphold accountability in the contracting process.

The amendments to the Regulation respecting contracting by public bodies in the field of information technologies by the Government of Québec are intended to be a strategic modernization of the public procurement processes, particularly in the realm of technology. By facilitating mutual agreements for software procurement and improving oversight and transparency, the government seeks to ensure that public bodies can efficiently obtain essential technological resources while adhering to principles of accountability and good governance. These regulatory changes mark a proactive step in effectively managing public resources and fostering an environment of innovation and responsiveness within the public sector.

Quebec (O.C. 128-2024) February 21, 2024