Complaint about the contracting process
A company or group of companies may file a complaint with the CNESST about the contracting process under the Act respecting contracting by public bodies (ACPB) and the Act respecting the Autorité des marchés publics (AMP).
We make a complaints procedure available to our clients in order to collect comments, examine and respond to complaints and make the necessary recommendations.
A complaint about the contracting process is filed in order to denounce a decision or a condition that does not comply with the normative framework in the event of a public call for tenders or a contract by mutual agreement (ACPB, s. 13, par. 1(4)).
The provisions concerning complaints also apply to the process for the certification of goods or the qualification of suppliers, service providers or entrepreneurs.
Who may file a complaint?
An company or group of companies interested in participating in the awarding process or their representative may file a complaint under section 21.0.4 of the ACPB.
Definition of a company
“For the purposes of this Act, ‘enterprise’ means a legal person established for a private interest, a general, limited or undeclared partnership or a natural person who operates a sole proprietorship.” (s. 13.1, par. 2 of the ACPB). Before filing a complaint, it is suggested that you contact the public body to obtain all the information about the call for tenders (s. 13.1, par. 1(2) of the ACPB).
Why file a complaint?
Complaints are filed in order to denounce a situation of non-compliance.
Deadline for filing a complaint
During the period for filing complaints indicated in the call for tenders document or in the notice of intention and in the online call for tenders system (SEAO – Système électronique d’appel d’offres).
Complaints about the contracting process
To file a complaint about the CNESST’s contracting process, you must:
- download the prescribed form on the Autorité des marchés publics (AMP) website
- fill out the form and save it on your workstation
- attach the completed form to an email addressed to Traitementdesplaintes-Contrat@cnesst.gouv.qc.ca. Make sure you copy your email to the AMP
Commitments with respect to the management of complaints
When you file a complaint, we will
- respond to your complaint after the deadline for filing complaints, no later than 3 days before the deadline for the receipt of bids, to all complainants at the same time
- take the necessary corrective measures by drafting an addendum, where applicable
Once this procedure has been completed, you may contact the Autorité des marchés publics if you believe that your complaint was not handled in a fair and equitable manner. Note that you have 3 days from the date of our decision to file a complaint with the AMP.
Questions about the contracting process
You may have questions about the contracting process. Questions, comments, requests for clarifications, information, changes or a postponement and observations may be addressed to the person in charge of the contracting process indicated in the call for tenders documents or in the Government of Quebec’s online call for tenders system (SEAO).
Autorité des marchés publics
Once you have done this, you may contact the Autorité des marchés publics (AMP) if you believe that your complaint was not handled in a fair and equitable manner. You have 3 days from the date of our decision to file a complaint with the AMP.