An enterprise that is a party to a public contract or subcontract for supply, services or construction, whatever the value of that contract, must maintain the high standards of integrity that the public is entitled to expect. The same is true for an enterprise that has an authorization to contract but is not currently a party to any public contracts or subcontracts.
The AMP is responsible for verifying the integrity of these enterprises. In conducting an integrity audit, the AMP may:
- ask for documents and information it can use to verify the enterprise’s integrity;
- enter the enterprise’s premises at any reasonable time;
- access, inspect and copy data from the enterprise’s electronic devices;
- require persons present during the AMP’s visit to provide information.
Factors examined during the integrity audit
The AMP also verifies the integrity of directors, officers, partners and shareholders, as well as any person or entity that has direct or indirect control of the enterprise.
The integrity audit examines a number of factors, including whether the enterprise or any officer of the enterprise:
- has, in the preceding five years, been found guilty of an offence listed in Schedule I of An Act respecting contracting by public bodies;
- has repeatedly evaded or attempted to evade compliance with the law in the course of the enterprise’s business;
- has, in the preceding five years, been found guilty of or prosecuted for any other criminal or penal offence committed in the course of the enterprise’s business;
- has, in the preceding five years, been the subject of an order of the Minister of the Environment, the Fight Against Climate Change, Wildlife and Parks under an act under that minister’s administration;
- currently, or in the preceding five years, has or has had any dealings with organized crime with respect to the proceeds of crime (money laundering) or the trafficking of any substance listed in the Controlled Drugs and Substances Act.
The AMP is assisted in its verifications by partners including the Commission de la construction du Québec, the Régie du bâtiment du Québec, the Registraire des enterprises du Québec (Enterprise Registrar), Revenu Québec and the Unité permanente anticorruption.