The Regulation Determining the Types of Businesses from Which Goods May Be Acquired or Leased establishes specific provisions under several legislative frameworks in Québec, namely the Cities and Towns Act, the Municipal Code of Québec, and the Act Respecting Elections and Referendums in Municipalities. These laws are designed to regulate municipal procurement practices, promoting transparency and accountability in how municipalities acquire goods and services.

The Cities and Towns Act (Chapter C-19) provides a general framework for municipal governance, detailing rules regarding the management and operation of municipalities in Québec. The Municipal Code of Québec (Chapter C-27.1) lays out the rules governing municipal administration, including procurement processes and the legal obligations of municipal officials. Meanwhile, the Act Respecting Elections and Referendums in Municipalities (Chapter E-2.2) outlines regulations surrounding electoral processes and referendums at the municipal level, incorporating provisions related to financial management and transparency.

The primary aim of the new regulation is to specify the types of businesses that municipalities can engage with when acquiring or leasing goods. This is essential for maintaining a standardized procurement process and ensuring municipalities make purchases from legitimate and appropriate sources. The regulation arises from the need for the Minister of Municipal Affairs and Housing to define these business categories within a regulatory framework, thereby ensuring clarity and compliance with the broader legislative context governing municipal operations.

The regulation identifies six specific categories of businesses eligible for municipal procurement. First, food and catering businesses are included, as they provide essential services related to food supply and catering for municipal events and operations. Second, service stations are vital for maintaining municipal fleets and providing necessary fuel services. Third, the inclusion of pharmacies allows municipalities to procure medical supplies and medications for community health initiatives. Fourth, hardware stores play a crucial role by supplying necessary materials for maintenance and construction projects. Fifth, businesses offering mechanical parts for sale ensure municipalities can access parts needed for machinery repairs and maintenance. Lastly, businesses offering machinery or tools for lease provide municipalities with the flexibility to manage equipment for specific projects without the long-term financial commitment of purchasing.

By clearly defining the types of businesses eligible for municipal procurement, the government fosters an environment of transparency, ensuring that public funds are used effectively and responsibly. This regulation not only facilitates the smooth functioning of municipal operations but also supports local businesses by providing opportunities for engagement in municipal contracts. The careful consideration involved in its formulation highlights the government’s dedication to equitable and sound fiscal practices within municipal governance.

Quebec (MO 2024) July 17, 2024