1. This Act applies to any long term partnership agreement between the Government and a private enterprise for the construction, repair or operation of a transport infrastructure. Such an agreement must involve the sharing of risks between the Government and the private sector.
Subject to the Act respecting the Ministère du Conseil exécutif (chapter M-30), another government or municipality may also be a party to such an agreement.
2000, c. 49, s. 1.
1.1. Section 9 of the Act respecting Infrastructure Québec (chapter I-8.2) applies to a transport infrastructure project carried out under a partnership agreement if the project is a public infrastructure project within the meaning of that Act, except in the cases and subject to the conditions determined by the Government.
2004, c. 32, s. 54; 2009, c. 53, s. 45.
2. The Minister, with the authorization of the Government, shall define the partnership project and, subject to the Act respecting contracting by public bodies (chapter C-65.1), determine the rules that apply thereto.
2000, c. 49, s. 2; 2006, c. 29, s. 52.
3. The proposals submitted by potential partners shall be assessed according to the criteria and procedure determined by the Minister, as approved by the Government and stated in the tender solicitation documents.
2000, c. 49, s. 3; 2009, c. 48, s. 1.
4. The Minister may, for the purposes of a partnership project, acquire by agreement or by expropriation or lease any property the Minister deems useful. The Minister may, for the same purposes, dispose of any government property under the Minister's authority.
2000, c. 49, s. 4; 2009, c. 48, s. 2.
5. The Minister may, with the authorization of the Government and on the terms and conditions it determines, enter into a transport infrastructure partnership agreement.
2000, c. 49, s. 5; 2004, c. 32, s. 55.
6. Every corporeal property and work acquired, built or operated by a partner under this Act shall remain or become the property of the Government upon the expiry of the partnership agreement.
However, the Government may, by an order published in the Gazette officielle du Québec, entrust all or part of the management of a road infrastructure constructed under this Act to a municipality, which, in that case, shall exercise the powers provided for in the Municipal Powers Act (chapter C-47.1).
2000, c. 49, s. 6; 2009, c. 48, s. 3.
7. Any road infrastructure operated under a partnership agreement is a public highway within the meaning of section 4 of the Highway Safety Code (chapter C-24.2) ; the said Code, as well as any other Act applicable to public highways, applies to the road infrastructure as if it were a public highway maintained by the Minister of Transport.
For the purposes of the said Code, a partner operating a road infrastructure is deemed to be the person responsible for the maintenance of that public highway.
2000, c. 49, s. 7.
8. The Minister may, in a partnership agreement and on the conditions the Minister determines, delegate to a partner all or part of the Minister's powers under the Act respecting the Ministère des Transports (chapter M-28) and the Act respecting roads (chapter V-9) and regarding the operation of a road infrastructure.
The Minister may also, on the conditions the Minister determines, authorize the partner to delegate those powers to another person.
However, a partner or partner's delegate is not a mandatary of the State and no legal action may be taken against the State for damage caused by a partner or partner's delegate in the exercise of a power delegated by the Minister or resulting from any instrument entered into under the partnership agreement.
2000, c. 49, s. 8; 2009, c. 48, s. 4.
8.1. All complaints received by a partner must be treated fairly. To this end, the partner must adopt a complaints examination policy.
2009, c. 48, s. 5.
8.2. A person dissatisfied with the way a complaint addressed to a partner has been examined or treated may take the matter to the Minister.
The Minister may make recommendations to the partner concerning the complaint in question.
2009, c. 48, s. 5.
9. In case of resiliation of a partnership agreement, the Minister may exercise all powers and rights and perform all obligations relating thereto, subject to the conditions and for the period fixed by the Government.
2000, c. 49, s. 9.
10. Every partnership agreement entered into by the Minister shall be tabled by the Minister in the competent parliamentary committee of the National Assembly within 30 days of its signature.
2000, c. 49, s. 10.