ORDER IN COUNCIL GOUVERNEMENT DU QUÉBEC

ORDER IN COUNCIL
GOUVERNEMENT DU QUÉBEC

CONCERNING the criteria defining major
projects for the purposes of applying the Act
respecting Infrastructure Québec

WHEREAS Section 9 of the Act respecting Infrastructure Québec (2009, c. 53) stipulates notably that a public body planning a public infrastructure project must work with Infrastructure Québec to prepare a business case;

WHEREAS the third paragraph of Section 4 of this Act specifies that a public infrastructure project is deemed to be major by the government if its purpose is the construction, maintenance, improvement, or demolition of a building, facility, or civil engineering structure, including a transport infrastructure, and to which the government contributes financially, either directly or indirectly;

WHEREAS the fourth paragraph of this section specifies that a public infrastructure project is deemed major if it meets the criteria determined by the government or if the government expressly qualifies it as being major;

WHEREAS it is necessary to define these criteria;

IT IS HEREBY ORDERED, upon the recommendation of the Minister responsible for Government Administration and Chair of the Conseil du trésor:

THAT a public infrastructure project be considered major for the purposes of applying the Act respecting Infrastructure Québec if it presents an estimated capital cost equal to or greater than $40 million;

THAT, if the public infrastructure project involves the maintenance or improvement of a transport infrastructure aimed at restoring it to its original state or improving less than 50% of it, and if the necessary work requires specific intervention or intervention over a continous period of no more than five years, the estimated capital cost must be equal to or greater than $100 million for the project to be considered major;

THAT a public infrastructure project that initially has an estimated capital cost value below the previously established thresholds be deemed major if, following the development of the functional and technical program or the opportunity studies, this value exceeds the applicable threshold;

THAT the capital cost of the project include all capital expenses related to planning and carrying out the project, i.e., those incurred for

- real estate transactions (expropriation, land or building purchases, etc.);

- professional services (surveying, expert laboratory services, architecture, engineering, environmental studies, project management, legal services, accounting, finance services, public communications, etc.);

- construction of the infrastructure (materials, labor, equipment, built-in furniture, specialized built-in equipment other than medical equipment, etc.);

- other expenses (permits, transportation, moving expenses, contingencies, indexation, inflation, applicable taxes, works of art, etc.);

THAT government funding can be less than the estimated capital

cost of the project;

THAT these criteria apply as of March 17, 2010.

Clerk of the Conseil executive
Original signed by
Gérard BIBEAU