4. The mission of Infrastructure Québec is to contribute, through its advice and expertise, to the planning and carrying out of public infrastructure projects by public bodies in order to obtain quality infrastructures and ensure the optimal management of risks, costs and scheduling, and to take part in the planning of infrastructure maintenance, all of which to ensure the sound management of public funds.
Infrastructure Québec thus contributes to the improvement of the quality of services delivered to the public through the public infrastructure projects in which it is involved.
For the purposes of this Act, a public infrastructure project is a project, considered major by the Government, the purpose of which 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. A public infrastructure project carried out under a public-private partnership may include the delivery of a public service.
A public infrastructure project is considered a major project if it meets the criteria determined by the Government or if the Government expressly qualifies it as such.
2009, c. 53, s. 4.
5. In pursuing its mission, Infrastructure Québec
(1) advises the Government on any matter of public infrastructure projects;
(2) provides expert services to public bodies in respect of any public infrastructure project, in particular with regard to identifying the elements to be taken into consideration in assessing project relevance, to identifying the options available to meet the need with due regard for the functional, durable and harmonious nature of the proposed infrastructure, and to determining the preferred option and the project delivery approach;
(3) provides public bodies with strategic, financial and other advice with regard to public infrastructure projects;
(4) participates in the meetings of the committee responsible for the follow-up of public infrastructure projects, including with regard to scheduling and budget control;
(5) operates a documentation centre accessible to all interested persons on matters related to the planning, carrying out and management of public infrastructure projects; for that purpose, Infrastructure Québec collects and analyzes information on similar experiences in Canada and abroad; and
(6) exercises any other function assigned to it by the Government.
2009, c. 53, s. 5.
6. Possible project delivery approaches include the traditional, management contract, turnkey and public-private partnership approaches.
For the purposes of this Act, under the turnkey approach, an enterprise or group of enterprises is given responsibility for the drawing up of the plans and specifications and the construction of the public infrastructure, while under the public-private partnership approach, a public body brings in a private-sector enterprise as a partner, with or without a financial contribution, to participate in designing, building and operating a public infrastructure.
2009, c. 53, s. 6.
7. A public body that is a party to a public-private partnership contract may, subject to the conditions it determines, delegate to a partner any function that is required for the carrying out of the contract.
It may authorize the subdelegation of any function subject to the conditions it determines.
A subdelegation under the second paragraph does not exempt the partner from the obligations imposed on the partner under the public-private partnership contract.
2009, c. 53, s. 7.
8. For the purposes of this Act, public bodies include the entities that are subject to the Act respecting contracting by public bodies (chapter C-65.1), the Agence métropolitaine de transport and any other body, except the National Assembly, designated by the Government.
2009, c. 53, s. 8.
9. A public body planning a public infrastructure project must work with Infrastructure Québec to prepare a business case that assesses the project's relevance, identifies the options available to meet the need with due regard for the functional, durable and harmonious nature of the proposed infrastructure, and determines the preferred option and the project delivery approach. Infrastructure Québec coordinates the business case preparation process and determines what studies are to be carried out by Infrastructure Québec or the public body.
In addition, if the public-private partnership or turnkey approach has been chosen, the public body must also work with Infrastructure Québec so the latter may coordinate the selection of the enterprise or group of enterprises that will be carrying out the project.
The public body may also work with Infrastructure Québec to follow up and manage the contracts arising from a public infrastructure project and to carry out any other project-related operation they have agreed upon.
A public body planning an infrastructure project that is not considered major may also work with Infrastructure Québec to carry out any operation related to the project.
In addition, if the public body planning a public infrastructure project is a body in the education network or the health and social services network or a body under the responsibility of the Minister of Transport, a request to Infrastructure Québec under any of the first four paragraphs must originate from the Minister responsible for the public body. The Minister must also be involved in the carrying out of the project.
In all cases, the public body remains responsible for the project and retains control over it.
Despite the other provisions of this section, if the public body planning a public infrastructure project comes under section 19 of the Act respecting the Société immobilière du Québec (chapter S-17.1) and the purpose of the project is not excluded by a government order made under that section, the first four paragraphs of this section apply to the Société immobilière du Québec, which is responsible for the project and retains control over it.
2009, c. 53, s. 9.
10. A municipal body referred to in the first paragraph of section 5 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) that is planning a public infrastructure project, whether or not the project is considered major, may work with Infrastructure Québec to carry out the operations referred to in section 9 of this Act.
In such a case, the municipal body remains responsible for the project and retains control over it.
2009, c. 53, s. 10.
11. The Conseil du trésor may, where warranted by the circumstances, establish control and monitoring mechanisms for managing public infrastructure projects of public bodies, particularly in order to ensure that the operations referred to in section 9 are carried out in a rigorous manner.
The Conseil du trésor may entrust Infrastructure Québec or the public body with the implementation of those mechanisms and require that it report back on it. When Infrastructure Québec is given such a mandate by the Conseil du trésor, it may require any relevant documents and information from the public body.
2009, c. 53, s. 11.
12. Infrastructure Québec issues advisory opinions, attaching any recommendations it may have, on any matter within its purview that is submitted to it by the chair of the Conseil du trésor.
2009, c. 53, s. 12.
13. Subject to the applicable legislative provisions, Infrastructure Québec may enter into an agreement with a government other than that of Québec, with a department of such a government, with an international organization or with a body of such a government or organization.
Likewise, Infrastructure Québec may, to carry out its mission, enter into an agreement with a person, partnership or body, and participate in joint projects with them.
2009, c. 53, s. 13.
14. Infrastructure Québec may not, without the Government's authorization,
(1) contract a loan that causes the total of its current outstanding loans to exceed the amount determined by the Government;
(2) make a financial commitment in excess of the limits or contrary to the conditions determined by the Government;
(3) acquire, hold or dispose of shares in a legal person or an interest in a partnership in excess of the limits or contrary to the conditions determined by the Government;
(4) acquire or dispose of other assets in excess of the limits or contrary to the conditions determined by the Government; or
(5) accept a gift or legacy to which a charge or condition is attached.
2009, c. 53, s. 14.