Frequently asked questions
Application process
What is the fee for an AMP authorization?
Answer :
To be considered admissible, the application for authorization must be filed with the payment of an initial lump-sum fee of $499 to cover the filing, opening, analysis and processing of the application.
Afterwards, once the AMP 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 $250 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?
Answer :
Québec enterprises must submit an application for authorization via AMP 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 AMP and the Unité permanente anticorruption and its partners in processing and analyzing applications?
Answer :
After receipt of a complete authorization request, the AMP begins the relevant verifications concerning the integrity of the enterprise and consults its various partners, including the Permanent Anti-Corruption Unit (UPAC). The Associate Commissioner at UPAC reports to the AMP on the verifications he has carried out concerning the links that the applicant enterprise maintains or has maintained with organized crime or concerning illegal sources of financing. The AMP may also request that verifications be carried out by the Associate Commissioner regarding the elements provided for in sections 21.26 to 21.28 of the Act respecting contracting by public bodies. In light of its discussions with UPAC and its varioux partners, the AMP issues or refuses to issue a contracting authorization to the requesting enterprise.
It is necessary to provide the licence number assigned by the Régie du bâtiment du Québec?
Will an application considered to be incomplete be returned to the enterprise?
Answer :
No. An application considered to be incomplete will not be returned to the enterprise.
During the analysis, if the AMP 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 AMP may require that an enterprise communicate any information the AMP considers necessary. The enterprise must communicate the information to the AMP within the time limit specified. If the enterprise fails to do so, the AMP may, under section 21.40.1 of the Act respecting contracting by public bodies (the "ACPB"), CQLR, c. C-65.1, cancel the application for authorization.
It is important to note that an enterprise whose application for authorization is cancelled under section 21.40.1 of the ACPB may not file a new application for authorization with the AMP within 12 months after the cancellation unless the AMP allows it.
Can a form be signed by a person other than the declarant? (For example: "Mr. X signs on behalf of Mr. Y"?)
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?
Answer :
Yes. Unaudited financial statements can be filed with an application for authorization.
If the enterprise does not have audited financial statements, the AMP 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 AMP a letter of commitment stating that the financial statements will be provided within six 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”?
Answer :
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 AMP;
- be dated and signed.
The applicant may appoint only one respondent.
The acknowledgement of receipt sent by the AMP is not signed. Is it still an official document?
If an enterprise that has already filed an application for authorization with the AMP subsequently changes its name, will it have to file a new application for authorization due to this change?
Answer :
No, because it is the same enterprise. If it keeps the same Québec entreprise number (NEQ), it will not have to file a new application for authorization. It will simply have to send the AMP the document issued by the Enterprise Registrar stating that the application for an amendment to the Régistraire des entreprises du Québec has been filed.
Does the AMP ensure the protection of the personal information sent as part of an application for authorization?
Answer :
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 AMP treats such information and documents as confidential.
The AMP's rights and obligations in this respect are determined and governed by various applicable laws based on circumstances, including 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 this provision, access to the information collected by the AMP can be refused, to the extent that this provision applies.
However, it is important to note that the AMP 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 AMP?
Answer :
Enterprises required to obtain an authorization from the AMP 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 Legislation and Regulations.
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;
- de services liés à la construction, la reconstruction, la démolition, la réparation ou la rénovation en matière de voirie, d'aqueduc ou d'égout.
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 AMP also applies to enterprises bidding on a contract listed in Orders in Council - Certain contracts of Ville de Montréal.
Can enterprises that are planning to respond to a public call for tenders that is not covered by the Act apply now for authorization?
Will enterprises have to obtain AMP authorization before they can bid in a public call for tenders?
Answer :
For contracts that require authorization, the Act respecting contracting by public bodies (the “ACPB”), CQLR, c. C 65.1, 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. An enterprise that enters into a public contract or a subcontract by mutual agreement must hold an authorization on the date the contract or subcontract is entered into.
If the value or category of contract is not stipulated in the ACPB, an enterprise does not require AMP authorization to bid on the contract.
Can the AMP answer questions from representatives of municipalities and other public bodies about public calls for tenders and the conditions that apply for selecting an enterprise?
Answer :
Municipal representatives should contact the ministère des Affaires municipales et de l'Habitation. Representatives of other public bodies should contact the Secrétariat du Conseil du Trésor.
Contracts and subcontracts
For which types of public subcontracts must an enterprise hold an authorization?
Answer :
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 AMP. 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 $5 million, 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 $5 million, 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 AMP 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 AMP 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 (in French only).
Do subcontractors have to obtain an authorization from the AMP?
Answer :
Yes, if it is a subcontract linked directly or indirectly to a covered contract and if this 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, 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 (in French only).
Are mixed contracts subject to the authorization requirement?
Answer :
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 (in French only). The Bulletin indicates that public bodies are required to classify contracts and that enterprises are responsible for classifying their subcontracts.
Foreign enterprises and sole proprietorship
In the case of an enterprise that 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, what is meant by a good conduct certificate?
Answer :
The enterprise will have to provide the AMP 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 check.
According to the Regulation of the AMP 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
If an enterprise is unable to furnish a good conduct certificate, it must provide the AMP 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?
Answer :
In such a situation, the AMP 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 AMP.
Moreover, in this situation, the AMP 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 21.49.9 of the Act respecting contracting by public bodies (the "ACPB"), CQLR, c. C-65.1.
The AMP may require that an enterprise communicate any information the AMP considers necessary. The enterprise must communicate the information to the AMP within the time limit specified. If the enterprise fails to do so, the AMP may, under section 21.40.1 of the ACPB, cancel the application for authorization.
It is important to note that an enterprise whose application for authorization is cancelled under section 21.40.1 of the ACPB may not file a new application for authorization with the AMP within 12 months after the cancellation unless the AMP 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?
Answer :
The AMP 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 AMP in respect of these enterprises.
Does the AMP require a good conduct certificate for foreign directors of an enterprise constituted in Québec?
Answer :
Yes, as per section 21.48.9 of the Act respecting contracting by public bodies (the "ACPB"), CQLR, c. C-65.1.
The AMP may require that an enterprise communicate any information the AMP considers necessary. The enterprise must communicate the information to the AMP within the time limit specified. If the enterprise fails to do so, the AMP may, under section 21.40.1 of the ACPB, cancel the application for authorization.
It is important to note that an enterprise whose application for authorization is cancelled under section 21.40.1 of the ACPB may not file a new application for authorization with the AMP within 12 months after the cancellation unless the AMP 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?
Consortiums and other specific legal forms
Can an undeclared partnership or sole proprietorship that wishes to file an application for authorization with the AMP obtain a Québec enterprise number (NEQ) from Québec's enterprise registrar?
Answer :
Yes. Since these enterprises must file an attestation from Revenu Québec when they file an application for authorization with the AMP and since an Québec enterprise number (NEQ) is mandatory to obtain this attestation, they can ask the enterprise registrar 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?
Answer :
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 (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 AMP.
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 AMP.
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 AMP'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?
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?
Answer :
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 AMP, even if the adviser is not an officer of the enterprise?
Answer :
Yes. The respondent can mandate his legal adviser to interact with the AMP. Upon receipt of the mandate, the AMP 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.
Is the concept of officer set out in the Companion guide for enterprises limitative?
Answer :
No. The description set out in the Companion guide (pdf - 3 MB) 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.
Do finance companies that are not financial institutions or lenders still have to fill out a declaration as a "financial institution" or "lender"?
Answer :
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 AMP?
Answer :
Yes. All general partners must be declared to the AMP 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 AMP 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 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?
Answer :
The AMP 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 AMP'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.
AMP Decisions
If the AMP 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?
Answer :
If the AMP 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 AMP deems such measures satisfactory, it could issue the authorization.
In all other cases, the enterprise will have the opportunity to provide the AMP with its observations and information liable to influence the AMP's decision. In fact, before refusing to grant or renew an authorization or before revoking it, the AMP 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 AMP's decision? If it wishes to complain about the AMP's decision, who should it contact?
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?
Answer :
No, unless the Conseil du trésor allows the performance of the contract, despite the lack of authorization.
Under section 21.5.3 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.
Register
Why is the expiry date of the authorization not indicated in the register of authorized enterprises?
Answer :
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:
- the name of the authorized enterprise, the names under which it carries on activities, and its Québec enterprise number assigned by the entreprise registrar;
- the contact information for the head office of the enterprise;
- the identification number assigned by the AMP;
- the fact the enterprise's authorization is expired or suspended, if that expiry our suspension occurs while the enterprise is perfoming a public contract or subcontract for which such an authorization is required;
- the fact that an oversight and monitoring measure has been imposed on such an enterpise in application of section 21.41.1 of the Act respecting contracting by public bodies.
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 AMP, is there a register of enterprises to which the AMP has refused to issue an authorization?
Answer :
The AMP'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 21.5.3 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.
AMP 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?
Answer :
First, check with clicSÉQUR to see whether your enterprise can have an account. If your enterprise cannot have a clicSÉQUR account, contact an AMP information officer.
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 AMP website.
When completing my application for authorization using AMP E-Services, the program tells me that I have to complete declarations. Where can I obtain these documents?
Answer :
The declarations used to complete the application for authorization via AMP E-Services are available on the Guide and Declarations page of the AMP website.