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Part 7: Tendering of Construction Contracts

  • Issued: June 2006

7.1 Crown Corporations

7.1.1
Ontario and Quebec agree that their respective contractors shall have fair and non-discriminatory access to construction contracts of the Crown Corporations set out below, valued at or above $100,000.  The Crown Corporations covered by this agreement are: 

For Ontario:

  • Liquor Control Board of Ontario,
  • Lottery and Gaming Corporation of Ontario, and
  • Workplace Safety and Insurance Board.  

For Quebec:

  • Société des alcools du Québec, and
  • Société des loteries du Québec.

7.1.2
Disputes related to the tendering practices of the public entities listed in section 7.1.1 will be addressed using the dispute resolution mechanism set out in Schedule 502.3, Section F, of the Agreement on Internal Trade. 

7.1.3
Either Ontario or Quebec may propose additional public entities for inclusion in this agreement at any time.

7.2  Electrical Utility Corporations

7.2.1
An Ontario contractor is entitled to bid on any Hydro-Quebec construction contracts when such contracts are open for bidding to all Quebec contractors, and is subject to the same conditions applicable to Quebec contractors. 

In addition, an Ontario contractor is entitled to bid on any Hydro-Quebec construction contracts to be performed in the Outaouais administrative region, when such contracts are open for bidding to contractors in this region, and is subject to the same conditions applicable to contractors in this region.

For the purposes of establishing his rights and obligations under this section, an Ontario contractor is considered to have his Head Office in the Outaouais administrative region.

7.2.2
A Quebec contractor is entitled to bid on any Hydro One and Ontario Power Generation construction contracts when such contracts are open for bidding to all contractors in Ontario, and is subject to the same conditions applicable to Ontario contractors.

In addition, a Quebec contractor is entitled to bid on Hydro One and Ontario Power Generation construction contracts to be performed in the regional municipalities of Renfrew, Lanark, Ottawa and Prescott and Russell when such contracts are open for bidding to contractors in these municipalities, and is subject to the same conditions applicable to contractors located in these municipalities.

For the purposes of establishing his rights and obligations under this section, a Quebec contractor is considered to have his Head Office in the regional municipalities of Renfrew, Lanark, Ottawa or Prescott and Russell.

7.2.3
Hydro-Quebec, Hydro One and Ontario Power Generation agree to publish electronically, information concerning procurement policies and processes in a manner that is readily accessible to contractors of both provinces. 

7.2.4
Disputes related to the tendering practices of Hydro-Quebec, Hydro One and Ontario Power Generation will be addressed, in the first instance, through the dispute resolution mechanism in place at the electrical utility corporation in question.  If the dispute cannot be satisfactorily resolved, and is related to the rights set out in sections 7.2.1 and 7.2.2, the dispute resolution process outlined in section 6.1 of this agreement will be followed.

7.2.5
In accordance with section 5.2.3 of this agreement, Ontario and Quebec agree to exchange data annually on contracts tendered and awarded by Hydro-Quebec, Hydro One and Ontario Power Generation.

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