Major Construction Projects: Properly Understanding Bill 108

February 7th, 2017

After several years of speculation about how to follow up on the revelations that came out before the Charbonneau Commission, the members of the National Assembly are currently debating Bill 108. Among other things, this Bill is intended to establish the Autorité des marchés publics (AMP) and mechanisms to oversee the contracts of public bodies.

Two of our construction law specialists, Nicolas Gosselin and Émilie Nadeau, attended the 73rd edition of the Québec Road Builders and Heavy Construction Association (QRBHCA) convention to help contractors understand the changes that this new legislation could bring about.

In an interview with QRBHCA’s magazine, Constats, Nicolas Gosselin explained that several aspects of the Bill are making contractors uneasy, especially regarding the complaint system and the quasi-discretionary criteria concerning the quality of public works.

To read the memorandum filed by the QRBHCA and the Association’s arguments in this regard, click here.

A Step in the Right Direction

Despite the complexity of the issues raised by this Bill, Nicolas Gosselin says he is sure that the AMP will contribute to making the system less onerous for contractors. “One of the biggest criticisms right now is that it is complicated for a contractor to wade through all of the subtleties and the applicable standards. Needing to conform to the new provisions will certainly require an adjustment period, but we must not forget that the Bill also provides the AMP with tools to promote consistency and transparency of practices,” he explains in the latest issue of Constats magazine.

ACRGTQ Director

The theme for the 73rd edition of the QRBHCA convention was “Notre industrie : Pilier de l’avenir économique” (Our industry: a pillar of the economic future), and it gave Association members the opportunity to choose their board of directors for the coming year. Our lawyer, Nicolas Gosselin, was renewed as an associate member—a title he has held since he was first appointed in 2015.

To learn more about the QRBHCA, click here.