Monetary administrative penalties

The Autorité des marchés publics (AMP) may impose monetary administrative penalties on an enterprise that fails to comply with the Act respecting contracting by public bodies. These administrative penalties are intended to prompt the enterprise to take immediate action to comply with the regulatory framework, to prevent a breach of certain provisions of the Act, or to prevent a breach from being repeated.

Monetary administrative penalties may be imposed on an enterprise in the following cases:

Register of monetary
administrative penalties

Download the register (PDF)

• If it bids on or enters into a public contract or subcontract while it is ineligible for public contracts or does not hold the required authorization to contract, unless it has received permission to enter into that contract or subcontract;
• If, in the course of a public contract, it enters into a subcontract with an enterprise that is ineligible or does not hold the authorization required in order to be a party to a public subcontract, unless it has received permission to enter into that subcontract;
• If its authorization to contract expires during its performance of a public contract or subcontract that requires such authorization;
• If, while it is a party to a public contract or subcontract or holds an authorization to contract, it fails or refuses to transmit any required information or document to the AMP within the time limit and according to the terms and conditions prescribed;
• If it fails or refuses to confirm by a sworn affidavit the authenticity of documents or the truthfulness of information transmitted to the AMP;
• If it fails to submit to any of the oversight and monitoring measures imposed by the AMP or, if the measure has been implemented by the AMP itself, fails to pay the associated costs.

An enterprise subject to a monetary administrative penalty may apply for a review of the sanction by completing a form that will be provided for this purpose. The form must be emailed to reexamen-sap@amp.quebec within 30 days following the AMP’s notice of claim.

If the review confirms the monetary administrative penalty, the enterprise may appeal the decision to the Tribunal administratif du Québec within 60 days of the decision’s notification.

For more information on the framework for applying monetary administrative penalties, refer to the AMP’s document entitled Cadre d’application des sanctions administratives pécuniaires (in French).