Guide for Enterprises - Autorité des marchés financiers

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Companion guide for enterprises wishing to
obtain or renew an authorization to enter
into a public contract/subcontract
Janvier 2016
1
INTRODUCTION
5
WHO SHOULD USE THIS GUIDE? ........................................................................................................ 6
FRAMEWORK GOVERNING ENTERPRISES WISHING TO OBTAIN OR RENEW AN AUTHORIZATION .......................... 6
AMF E-SERVICES
9
ACCESSING AMF E-SERVICES ......................................................................................................... 10
USER AUTHENTICATION ................................................................................................................ 11
USING AMF E-SERVICES ............................................................................................................... 12
OBTAINING AN AUTHORIZATION
14
STEPS TO FOLLOW FOR THE APPLICATION FOR AUTHORIZATION ............................................................... 15
STEP A – FILLING OUT AND SENDING AN APPLICATION FOR AUTHORIZATION .............................................. 16
GENERAL INFORMATION
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STEP 1 OF 8 – IDENTIFICATION
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STEP 2 OF 8 – ADDITIONAL INFORMATION
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STEP 3 OF 8 – IDENTITY OF THE RESPONDENT
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STEP 4 OF 8 – STATEMENT
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STEP 5 OF 8 – SUPPORTING DOCUMENTS REQUIRED
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STEP 6 OF 8 – FEES PAYABLE AND PAYMENT
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STEP 7 OF 8 –TRANSMISSION
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STEP 8 OF 8 – CONFIRMATION OF DELIVERY
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RECEIPT AND ANALYSIS OF THE APPLICATION FOR AUTHORIZATION
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STEP B – RECEIVING THE AUTHORIZATION TO DISCLOSE THE ENTERPRISE’S BUSINESS RELATIONSHIPS................ 28
STEP C – DISCLOSING THE ENTERPRISE’S PROPER BUSINESS RELATIONSHIPS ............................................... 28
GENERAL INFORMATION
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DISCLOSING THE PROPER BUSINESS RELATIONSHIPS
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STEP D – HOW TO DISCLOSE THE ENTERPRISE’S BUSINESS RELATIONSHIPS.................................................. 35
HOW TO DISCLOSE A LEVEL 2 RELATIONSHIP
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HOW TO DISCLOSE A LEVEL 3 RELATIONSHIP
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SUPPORTING DOCUMENTS
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SECURITY CLEARANCE REPORTS
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STEP E – VALIDATING INFORMATION ENTERED BY THE ENTERPRISE .......................................................... 43
LAUNCHING THE “VALIDATE AND END DATA ENTRY” FUNCTION
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STEP F – FINALIZING THE ENTRY OF THE ENTERPRISE’S BUSINESS RELATIONSHIPS ......................................... 45
STEP G – SENDING THE ADD/CHANGE BUSINESS RELATIONSHIPS APPLICATION ........................................... 46
GENERAL INFORMATION
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STEP 1 OF 4 – IDENTIFICATION AND DESCRIPTION OF APPLICATION:
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STEP 2 OF 4 – SUMMARY OF DISCLOSED BUSINESS RELATIONSHIPS
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STEP 3 OF 4 –TRANSMISSION
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STEP 4 OF 4 – CONFIRMATION OF DELIVERY
48
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RENEWAL
49
STEPS TO FOLLOW FOR THE APPLICATION FOR RENEWAL OF AUTHORIZATION .............................................. 50
STEP A – VERIFYING AND UPDATING THE ENTERPRISE'S BUSINESS RELATIONSHIPS ....................................... 51
STEP B – VALIDATING INFORMATION UPDATED BY THE ENTERPRISE ......................................................... 51
STEP C – FINALIZING THE UPDATE OF THE ENTERPRISE'S BUSINESS RELATIONSHIPS ....................................... 52
STEP D – SENDING THE ADD/CHANGE BUSINESS RELATIONSHIPS APPLICATION ........................................... 52
STEP E – FILLING OUT AND SENDING THE APPLICATION FOR RENEWAL ...................................................... 53
GENERAL INFORMATION
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STEP 1 OF 7 – IDENTIFICATION
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STEP 2 OF 7 – RENEWAL/NON-RENEWAL OF AUTHORIZATION
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FORMER NAMES
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STEP 3 OF 7 – STATEMENT
57
STEP 4 OF 7 – SUPPORTING DOCUMENTS REQUIRED
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STEP 5 OF 7 – FEES PAYABLE AND PAYMENT
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STEP 6 OF 7 – TRANSMISSION
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STEP 7 OF 7 – CONFIRMATION OF DELIVERY
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RECEIPT AND ANALYSIS OF THE APPLICATION FOR RENEWAL OF AUTHORIZATION
63
NON-RENEWAL
64
STEPS TO FOLLOW FOR AN APPLICATION FOR NON-RENEWAL.................................................................. 65
STEP A – FILLING OUT AND SENDING THE APPLICATION FOR NON-RENEWAL ............................................... 66
GENERAL INFORMATION
66
STEP 1 OF 7 – IDENTIFICATION
67
STEP 2 OF 7 – RENEWAL/NON-RENEWAL OF AUTHORIZATION
68
STEP 3 OF 4 – TRANSMISSION
69
STEP 4 OF 4 – CONFIRMATION OF DELIVERY
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RECEIPT AND ANALYSIS OF THE APPLICATION FOR NON-RENEWAL
70
FOLLOWING UP ON APPLICATIONS
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FOLLOWING UP ON APPLICATIONS ................................................................................................... 72
ACCESSING THE MANAGE BUSINESS RELATIONSHIPS FUNCTION ONCE THE APPLICATION HAS BEEN SUBMITTED ... 74
AMF DECISION
75
WAITING FOR THE DECISION .......................................................................................................... 76
ANALYSIS OF THE APPLICATION FOR ISSUANCE OR RENEWAL OF AN AUTHORIZATION
76
AMF DECISION
76
FOLLOWING UP ON THE AUTHORIZATION .......................................................................................... 76
MAKING CHANGES TO THE INFORMATION PROVIDED
76
TIME LIMIT FOR INFORMING THE AMF OF CHANGES
77
NOTIFYING THE AMF ABOUT CHANGES
77
CHANGES TO BE COMMUNICATED TO THE AMF
78
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SCHEDULE I – RELATIONSHIPS TO BE DISCLOSED BASED ON THE ENTERPRISE’S LEGAL FORM
79
LEGAL FORM: NATURAL PERSON OPERATING A SOLE PROPRIETORSHIP ...................................................... 79
LEGAL FORM: PARTNERSHIP ........................................................................................................... 80
LEGAL FORM: LEGAL PERSON.......................................................................................................... 81
RELATIONSHIPS COMMON TO ALL LEGAL FORMS ................................................................................. 82
SCHEDULE II – PRINCIPAL FINANCIAL INSTITUTIONS IN CANADA
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Introduction
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Who should use this guide?
Following the enactment of the Integrity in Public Contracts Act (S.Q. 2012, c. 25), which amends,
among other statutes, An Act respecting contracting by public bodies (R.S.Q., c. C-65.1) (the
“ACPB”), certain enterprises must disclose information to the Autorité des marchés financiers (the
“AMF” or the “Authority”) in order to obtain or renew an authorization to enter into a public
contract/subcontract. This guide is intended to assist those enterprises with the application process.
The guide provides detailed explanations for each step of the process for obtaining or renewing an
authorization to enter into a public contract/subcontract. It highlights the use of AMF E-Services
specifically designed for the electronic disclosure of information pertaining to an application for
authorization and, where applicable, to the persons that have a relationship with the applicant.
In order to familiarize themselves with all the statutory and regulatory obligations of enterprises
subject to the ACPB, enterprises should read:
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the Integrity in Public Contracts Act;
the amended ACPB;
the Conseil du trésor decision entitled “Fee related to an application for authorization filed
by an enterprise with the Autorité des marchés financiers for public contracts and
subcontracts” (the “Fee Decision”);and
the Regulation of the Autorité des marchés financiers under an Act respecting contracting
by public bodies (the “Regulation”).
Framework governing enterprises wishing to obtain or renew
an authorization
Background
The Integrity in Public Contracts Act, which was assented to on December 7, 2012, provides an
audit system for ascertaining whether enterprises that wish to enter into a contract with a public
body, including a municipality, meet the high standards of integrity that the public is entitled to
expect from a party to a public contract or subcontract.
Under this statute, an enterprise that wishes to enter into such a contract or subcontract must
obtain the AMF’s authorization.
Enterprises governed by the legislation
The word “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. For the time being,
the requirement to hold an authorization does not apply to all enterprises.
Given the large number of enterprises that wish to enter into public contracts or subcontracts in
Québec, the Government of Québec intends to phase in the Integrity in Public Contracts Act. Over
time, it will designate, by Order in Council, the values and categories of contracts and subcontracts
that will be subject to the obligation to obtain an AMF authorization.
Please consult the AMF website to determine whether you this obligation concerns you.
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Time limit for submitting an application for authorization
Save where excepted by Government order in council, an enterprise that responds to a call for
tenders for a public contract or subcontract must have obtained its authorization on the date it
submits its bid, unless the call for tenders specifies a different date which precedes the date the
contract is entered into.
An enterprise that enters into a public contract or subcontract must have obtained its
authorization on the date the contract or subcontract is entered into. In the case of a consortium,
every enterprise comprising the consortium must hold an authorization on that date.
If the contract or subcontract is entered into, the authorizations must be maintained throughout the
contract or subcontract.
The application for authorization must be in the form prescribed by the AMF. It must be filed
together with the information and documents prescribed by the Regulation and the fee determined
in the Fee Decision.
Documents to consult before filing an application for authorization
The following documents provide detailed information and should be consulted by an enterprise that
wishes to file an application:
The ACPB
 Scope and purpose of the ACPB;
 Issuance of an authorization;
 Decisions pertaining to an authorization;
 General obligations of enterprises;
 Functions and powers of the AMF;
 Penal provisions, etc.
The Regulation
 Information and documents required in order for an application for authorization to be
considered admissible and complete;
 Prescribed time limits for notifying the AMF of any change to the information provided at
each step of the application process;
 Information contained in the Register of authorized enterprises, etc.
The Fee Decision
 Fee required from an enterprise applying to the AMF for authorization under the ACPB.
AMF Decision
The AMF may refuse to grant or renew an authorization or may revoke an authorization if the
enterprise fails to meet the high standards of integrity that the public is entitled to expect from a
party to a public contract or subcontract.
Duration of validity of an authorization
An authorization granted to an enterprise is valid for three years.
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Register of authorized enterprises
All enterprises holding an authorization issued by the AMF appear on the Register of authorized
enterprises. This register, which is maintained in accordance with section 21.45 of the ACPB,
contains the following information:
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The name of the authorized enterprise;
The names under which it carries on activities;
Its Québec enterprise number assigned by the Registraire des entreprises (the “Enterprise
Registrar”);
The contact information for the head office of the enterprise;
The client number assigned by the AMF.
The Register of authorized enterprises is available on the AMF website under “Public Contracts” at
lautorite.qc.ca.
Time limit for notifying the AMF of any change to information
An enterprise holding an authorization must notify the AMF of any change to information previously
provided no later than 15 days following the end of the month during which the change took place.
The changes must be sent using the “Add/Change Business Relationships” electronic form
available in the “Public Contracts” section of AMF E-Services. Where applicable, the electronic form
must be filed together with the information and documents prescribed by the Regulation and the fee
determined by decision of the Conseil du trésor.
Time limit for filing an application for renewal of an authorization
An enterprise must file an application for renewal in order to remain on the Register of authorized
enterprises. The application for renewal must be filed with the AMF at least 90 days before the
authorization is to expire.
An enterprise must file an application for renewal in order to remain on the Register of authorized
enterprises. The application for renewal must be filed with the AMF at least 90 days before the
authorization is to expire.
If the application is received at least 90 days before the authorization is to expire, the
authorization will remain valid until the AMF rules on the application for renewal, unless the
authorization is revoked in the meantime.
However, if the application is not received at least 90 days before the authorization is to
expire, the enterprise will be removed from the Register of authorized enterprises on the
expiry date of the authorization. As a result, it will no longer be able to enter into new public
contracts/subcontracts during this period. However, it will be able to continue to perform any
contracts/subcontracts in progress until the AMF rules on the application for renewal.
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AMF E-Services
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Accessing AMF E-Services
Once the PES has completed the AMF E-Services registration process, the enterprise’s respondent
will be able to access AMF E-Services. He or she will now have access to the detailed menu and
will be able to disclose the enterprise’s business relationships.
In order to access AMF E-Services, the respondent must follow these steps:
1. Go to the AMF website (www.lautorite.qc.ca) and click on “Enter” in the “Public Contracts /
Money-Services Businesses” section.
2. A new page will appear. Click on E-Services.
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User authentication
To access AMF E-Services, log in and enter the user code and password obtained when registering
with clicSÉQUR, then click on “Continue”.
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Using AMF E-Services
Once clicSÉQUR’s authentication process has been completed, the AMF E-Services home page
will appear.
1. The menu contains all the actions you can perform at this stage.
a. Applications
 Authorization: Allows you to fill out and send the AMF an application for
authorization to enter into a public contract/subcontract.
 Add/change business relationships: Allows you to notify the AMF of any
change to the section “Disclose relationships”.
 Renewal/Non-renewal: Allows you to fill out and send the AMF an
application for renewal of authorization or an application for non-renewal of
authorization.
b. Manage business relationships
 Disclose relationships: Allows you to add, delete or change information
regarding persons that have a relationship with your enterprise.
 Validate and end data entry: Allows you to validate the information
entered before sending it to the AMF.
2. This section allows you to get on-line help, change the display language or log out of the
account.
3. This section displays the name of the enterprise accessing the on-line services. If the name
displayed is not correct, please log out and contact an AMF Information Centre agent at 1877-525-0337.
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4. This section displays the most recent date on which the enterprise accessed AMF EServices.
5. This section displays the number of messages (new and old) in the enterprise’s secure
message inbox.
6. This section contains contact information for the AMF Information Centre should you have
any questions or problems with the on-line services.
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Obtaining an authorization
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Steps to follow for the application for authorization
By following the steps below, enterprises can ensure that the AMF has all the information and
documents required to analyze an application for authorization to enter into a public
contract/subcontract. Each step is explained in detail in the following sections of this guide.
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Step A
Filling out and sending an application for authorization
Step B
Receiving the authorization to disclose the enterprise’s
business relationships
Step C
Disclosing the enterprise’s proper business relationships
Step D
How to disclose the enterprise’s business relationships
Step E
Validating information entered by the enterprise
Step F
Finalizing the entry of the enterprise’s business relationships
Step G
Sending the Add/change business relationships application
Step A – Filling out and sending an application for
authorization
We urge you to familiarize yourself with all the steps set out below before beginning the
process of entering information for your application for authorization to enter into a public
contract/subcontract so as to ensure you have all the required information, because certain
information is required in order to proceed from one step to another.
Please note that the application for authorization must be filled out and submitted by the
respondent.
1. From AMF E-Services, go to the “Public Contracts” tab, select “Applications” and then
“Authorization”.
2. A new page will appear. You will now be in the application for authorization.
General information
On-line help
On-line help is identified by a question mark.
This icon, which appears on each AMF E-Services page, allows you to get additional information
and explanations on how to use the system. For example, on-line help explains the function of each
button as well as the format you must use when entering information in the various fields.
Automatic logout
If there has been no activity for an extended period of time, the system will automatically log you out
and any unsaved information will be lost. In order to save information that has been entered, simply
proceed to the following page by clicking on “Next”. To access AMF E-Services again after having
been logged out, you will have to re-enter your user code and password.
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Step 1 of 8 – Identification
In order to facilitate processing of your application for authorization, please ensure that the
enterprise’s file with the Commission de la construction du Québec (CCQ), the Régie du
bâtiment du Québec (RBQ) and the Enterprise Registrar is up to date.
The system automatically fills out the information in this step. The mailing address of the applicant
should be displayed. If the address is incorrect, please use AMF E-Services to make the necessary
changes to your file by selecting the "Other application/request" tab. Under "Other
application/request", in the "Type of application/request" section select "Other application – Public
contracts".
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Step 2 of 8 – Additional information
Please ensure that the information entered on this page matches the information currently in the
register maintained by the Enterprise Registrar (the “Enterprise Register”).
If the information in the Enterprise Register is not up to date, please make the necessary changes
and provide us with a paper or electronic document of the update. Please include this document by
using the “Other documents” option in step 5 of 8.
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Legal form
Please state the legal form of your enterprise, either “Natural person operating a sole
proprietorship”, “Partnership”, “Legal person” or “Other”, by selecting a choice from the dropdown
list. The legal form selected in the application for authorization must reflect the legal form recorded
in the Enterprise Register. The following are examples of legal forms that fall within these
categories:
Legal person
 Corporation
 Limited (Ltd.)
 Incorporated (Inc.)
Partnership
 Association;
 Limited partnership
 General partnership
Natural person operating a sole proprietorship
 Self-employed worker
 Sole proprietorship
Other legal form
 Joint venture
Total number of shareholders (voting shares) or partners for this entity
If required, state the total number of shareholders or partners of the enterprise, including
shareholders who are not majority shareholders.
Nature of the activities of the enterprise
Please state the nature of the activities of the enterprise seeking an authorization (for example,
construction, engineering services, computer services).
If the enterprise is entered in the Enterprise Register, the information provided in the application
must match the information in the register.
Number of attestation from Revenu Québec
Please state the number of the attestation issued by Revenu Québec to the enterprise. Enter only
the first 10 characters, without a hyphen or space.
Number of licence issued by the Régie du bâtiment du Québec
Please state the licence number (without a hyphen or space) issued to the enterprise by the Régie
du bâtiment du Québec. This is an 8-digit to 10-digit number.
Other names (current)
Please state all other names under which the enterprise currently carries on its activities.
If the enterprise is entered in the Enterprise Register, the information provided in the application
must match the information in the register.
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Former names
Please state all other names that are no longer in effect and under which the enterprise carried on
its activities in the past five years.
If the enterprise is entered in the Enterprise Register, the information provided must match the
information in the register.
Information about the contract (if applicable)
If the application is being made so the enterprise can respond to a call for tenders that has already
been posted, please provide all requested information regarding the call for tenders. If not, you
need not fill out this section.
If your application is not being made in response to a call for tenders that has been posted, it
will not be processed on a priority basis.
Step 3 of 8 – Identity of the respondent
An enterprise that wishes to enter into a contract with a public body must appoint a natural person
who acts as respondent pursuant to section 21.23 of the ACPB:
“The application for authorization must be filed with the Authority by the natural
person who is the operator if it is for a sole proprietorship, by a director or an
officer if it is for a legal person and by a partner if it is for a partnership. The
person filing the application acts as respondent for the purposes of this chapter.”
Concept and role of respondent
The respondent is the person authorized to send the documents with which the enterprise fulfills its
statutory and regulatory obligations (application for authorization, updating of information,
application for renewal of an authorization, etc.). The respondent is necessarily the natural person
who operates the enterprise if it is a sole proprietorship, a director or an officer of the enterprise if it
is a legal person, or a partner of the enterprise if it is a partnership.
In order to carry out his or her functions, the respondent must therefore have access to information
and documents at the enterprise’s head office and at each of its establishments.
The respondent’s appointment must be confirmed by an official document from the enterprise.
Throughout the application process, and as long as the enterprise holds an authorization, the
respondent will be the only person with whom the AMF communicates when necessary.
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Identity of the respondent
In this section, please provide the gender, last name(s), first name(s) and date of birth of the person
appointed as respondent.
Addresses of the respondent
Please provide the respondent’s home address and mailing address, whether it is in Québec,
elsewhere in Canada or in another country.
Telephone and e-mail for the respondent
In this section, please provide the personal phone number and e-mail address of the person
appointed as respondent. Although providing an e-mail address is optional, you are strongly
encouraged to provide one in order to facilitate communications between the AMF and the
enterprise.
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Respondent’s functions
The choices available in the “Respondent’s functions” section are based on the legal form of the
enterprise selected in the previous step.
Step 4 of 8 – Statement
The application must be submitted together with the applicant’s declaration.
You must answer all questions. If you leave any question unanswered, you will not be able to go on
to the next step.
If you answer « yes » to one of the questions, please answer the subquestions that follow in order
to provide the required additional information.
The list of offences is shown in Schedule 1 to the ACPB, available on the AMF’s website.
Additional consent
Where the application for authorization is being filed by a foreign enterprise, namely, an enterprise
that is not constituted under the laws of Québec and does not have its head office or an
establishment in Québec where it primarily conducts its activities, an additional consent is required
pursuant to subparagraphs (1) and (2) of section 5 of the Regulation.
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Step 5 of 8 – Supporting documents required
The enterprise must keep a copy of all documents it sends to the AMF.
The application for authorization must be filed together with certain required supporting documents.
These documents may be sent electronically or in paper format.
If you are unable to provide one of the required documents, instead of the document in question
please include a document explaining the reason you are unable to provide it.
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Criminal and penal court record of the enterprise (if applicable)
The Regulation stipulates that, in the case of an enterprise that is not constituted under the laws of
Québec and does not have its head office or an establishment in Québec where it primarily
conducts its activities (foreign enterprise), the AMF must be provided with a good conduct
certificate.
However, in the case of an enterprise whose head office is not located in Québec, the AMF
must be provided with one of the following documents:
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

a good conduct certificate in respect of the enterprise, issued by the local authorities,
including a government or a government department or agency;
if you are unable to provide a good conduct certificate, please provide a sworn letter
signed by the respondent or an officer of the enterprise declaring, first, that the necessary
steps to obtain this certificate were taken and, second, that, during the past five years, the
enterprise was not:
- prosecuted for or found guilty, in Canada or abroad, of an offence listed in
Schedule I of the ACPB or a similar offence;
- prosecuted for or found guilty, in Canada or abroad, of any criminal or penal
offence committed in the course of its business.
finally, if you are unable to provide any of these documents, please provide the enterprise’s
criminal and penal court record or an equivalent document.
According to the Regulation, “the location of the enterprise and the persons referred to” means the
Canadian province or territory or other jurisdiction where the enterprise primarily conducts its
activities or, in the case of a natural person, where he or she is domiciled.
By way of information, “good conduct certificate” means a police certificate, a criminal background
check, a criminal record check, a police check, a Canadian Police Information Centre (CPIC) check
or any equivalent document.
If you are not able to produce the criminal and penal court record of the enterprise at the time of
submitting the application for authorization, please provide instead a letter of commitment stating
that you have taken the necessary steps to obtain the document and that it will be promptly
submitted once received. Please note that authorization will not be granted until the criminal and
penal court record of the enterprise has been received.
Governance and oversight measures implemented by the applicant
In exercising its powers conferred under the ACPB, the AMF must, in particular, ensure that the
enterprise meets high standards of integrity. To do so, the analysis of the enterprise’s governance,
ethical standards and related internal processes becomes an important consideration.
Therefore, if your enterprise has established governance measures (code of ethics, training
program, governance committee, etc.), please disclose them and submit the related documentation
using the “Other document – governance or control measures” button shown in Step 5 of 8 of the
application for authorization.
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Document confirming appointment of respondent
You must provide an official document from the enterprise appointing the respondent. This
document may be a resolution of the board of directors or the shareholders, a mandate or a power
of attorney from the sole proprietor of the enterprise.
Attestation from Revenu Québec
If the enterprise has an establishment in Québec, you must provide an attestation from Revenu
Québec. The attestation states that the enterprise has filed the returns and the reports that it was
required to file under fiscal laws and that it has no overdue account payable to the Minister of
Revenue, including when recovery of an account has been legally suspended or arrangements
have been made with the enterprise to ensure payment and the enterprise has not defaulted on the
payment arrangements. The attestation must have been issued not more than 30 days before the
date on which the enterprise’s application for authorization is filed with the AMF.
If you are a foreign enterprise, you must provide a tax attestation stating that your enterprise has
filed the returns and the reports that it was required to file under the fiscal laws of its country of
origin.
Financial statements for the latest fiscal year
Provide the audited financial statements for the latest fiscal year of the enterprise.
If the enterprise does not have audited financial statements, the AMF requires at least a review
engagement report on the financial statements for the latest fiscal year. A notice to reader
alone will not be accepted.
Organization chart outlining the structure of the enterprise
You must provide an organization chart outlining the structure of the enterprise and including, if
applicable, the names of its subsidiaries and parent company and any subsidiaries of the parent
company. Please also indicate the relationships between these enterprises, as well as the
percentage of shares or partnership units held, where applicable.
Example:
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Step 6 of 8 – Fees payable and payment
The fee related to an application for authorization to enter into public contracts/subcontracts filed by
an enterprise with the AMF is provided for in the Fee Decision.
To be considered admissible, the application for authorization must be filed with the payment of a
$416 fee. The fee may be paid by credit card, cheque, money order or certified cheque.
If you wish to pay by credit card, select the “Credit card” option and proceed to the on-line payment.
If you wish to pay by cheque (payable to the Autorité des marchés financiers), select the “Cheque”,
“Money order” or “Certified cheque” option and send your payment to the AMF at the following
address:
Autorité des marchés financiers
Direction des contrats publics
et des entreprises de services monétaires
2640, boul. Laurier, bureau 400
Québec (Québec) G1V 5C1
Please note that the AMF does not accept remittance slips sent by e-mail or by fax.
Please note that the fee is not refundable.
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Step 7 of 8 –Transmission
Please print your application by clicking on “Print your application” and then check it carefully. Once
the application has been sent, you will not be able to cancel or change it. Then click on the check
box “I declare that the information provided herein is accurate” before going on to the next step.
Step 8 of 8 – Confirmation of delivery
This step confirms that your application has been sent to the AMF. The system will display your
client number and application number. Please print and keep this information, because it may be
useful if you need to contact the AMF.
After the application has been sent, an acknowledgement of receipt will be sent to the “Secure
message inbox” section of AMF E-Services.
If you have chosen to send the supporting documents or your payment in paper format, please
include the digitization forms that were sent to you with the acknowledgement of receipt.
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Receipt and analysis of the application for authorization
If, after analyzing the application for authorization to enter into a public contract/subcontract, the
AMF determines that certain information is inaccurate, incomplete or missing, it will contact the
respondent so the respondent can make the necessary corrections.
Step B – Receiving the authorization to disclose
the enterprise’s business relationships
Once the AMF has analyzed the application for authorization to enter into a public
contract/subcontract and has determined that it is complete and complies with applicable
requirements, a message will be sent to the enterprise’s secure message inbox informing it that it
can now use AMF E-Services to disclose the natural persons and entities with which it has a
relationship.
Step C – Disclosing the enterprise’s proper
business relationships
An enterprise that files an application for authorization must provide a list of the natural persons
and/or entities that have a relationship with the enterprise as well as a list of its establishments. The
expression “natural persons and/or entities that have a relationship with the enterprise” means
natural persons and/or entities with which the enterprise has a business relationship.
The applicant may designate several individuals to disclose its business relationships. To do so, the
person in charge of electronic services (PES) appointed during the clicSÉQUR registration process
must assign functional block no. 19 (LCOP – Disclose relationships; Validate and end data entry) to
every person authorized to disclose business relationships.
We urge you to familiarize yourself with all the steps set out below before beginning the
process of entering your business relationships so as to ensure you have all the required
information, because certain information is required in order to be able to save what has been
entered.
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1. From AMF E-Services, go to the Public Contracts tab, select “Manage business
relationships”, and then “Disclose relationships”.
2. A new page will appear. You will now be ready to disclose your business relationships.
General information
On-line help
On-line help is identified by a question mark
This icon, which appears on each AMF E-Services page, allows you to get additional information
and explanations on how to use the system. For example, on-line help explains the function of each
button as well as the format you must use when entering information in the various fields.
Automatic logout
If there has been no activity for an extended period of time, the system will automatically log you out
and any unsaved information will be lost. To access AMF E-Services again, you will have to reenter your user code and password.
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Disclosing the proper business relationships
When the Manage business relationships function is accessed for the first time, only the name of
the enterprise’s respondent will appear on the screen. The respondent is the person who was
appointed when the application for authorization was filed.
The enterprise must now disclose all its other business relationships, based on its legal form.
If you selected the wrong legal form during your application for authorization, please contact the
AMF before starting the business relationships disclosure process.
The three relationship levels
Level 1 always refers to the applicant.
Level 2 refers to all the natural persons/entities that have a business relationship with the applicant.
Level 3 refers to all the natural persons/entities that have a business relationship with level 2
entities that have control over the applicant.
For more details, please refer to Schedule I of this guide.
Please pay particular attention to the names you disclose so as to ensure that they are
identical in all your documents (relationships disclosed, identification papers and declaration
forms) and good conduct certificates, where applicable.
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Level 1
Applicant
Natural persons/entities that have a relationship with the applicant:
Level 2
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Respondent
Natural person operating a sole proprietorship
Officer who has control over the applicant
Officer who does not have control over the applicant
Director of the applicant
Shareholder (natural person) who has control over the applicant
Shareholder (entity) that has control over the applicant
Partner (natural person) who has control over the applicant
Partner (entity) that has control over the applicant
Other natural person who has control over the applicant
Other entity that has control over the applicant
Other controlled enterprise that was prosecuted for or found guilty of an
offence listed in Schedule 1 of the ACPB (natural person)
Other controlled enterprise that was prosecuted for or found guilty of an
offence listed in Schedule 1 of the ACPB (entity)
Lender (natural person)
Lender (entity)
Financial institution
Establishment
Natural persons/entities that have a relationship with entities that control the applicant:
Level 3
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Officer who has control over the entity
Director of the entity
Shareholder (natural person) who has control over the entity
Shareholder (entity) that has control over the entity
Partner (natural person) who has control over the entity
Partner (entity) that has control over the entity
Settlor (natural person) of the trust
Settlor (entity) of the trust
Trustee (natural person) of the trust
Trustee (entity) of the trust
Other natural person who has control over the entity
Other entity that has control over the entity
By way of information, and in order to help you disclose relationships:
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“director” means any person who is a member of the board of directors of the enterprise;
“officer who has control” means the president, the general manager, the chief executive
officer, the chief financial officer, the chief operating officer or any other person acting in a
similar capacity, whether or not he is a member of the board of directors. The “officer who
has control” relationship must also be disclosed if a director holds the position of chair, vicechair, secretary or treasurer of the board of directors;
“officer who does not have control” means an officer who has no decision-making power
and does not participate in decisions related to the orientations of the enterprise;
“partner” means the principal partners of a partnership who have a decision-making power
and participate in decisions related to the orientations of the enterprise;
“shareholder” means the three principal shareholders who each hold 10% or more of the
voting rights.
It should be noted that the AMF may, pursuant to the ACPB, require additional information about
persons or entities not covered by these definitions.
Relationships with the applicant (level 2 natural person)
The enterprise must disclose a relationship for any level 2 natural person who has direct or indirect
legal or de facto control over the applicant.
In the case of a natural person operating a sole proprietorship:
 Natural person who operates the enterprise as a sole proprietorship;
 Other natural person who has control over the applicant, where applicable.
In the case of a partnership:
 Partner (natural person) who has control over the applicant;
 Officer who has control over the applicant, where applicable;
 Officer who does not have control over the applicant, where applicable;
 Other natural person who has control over the applicant, where applicable.
In the case of a legal person:
 Officer who has control over the applicant;
 Officer who does not have control over the applicant, where applicable;
 Director of the applicant;
 Shareholder (natural person) who has control over the applicant;
 Other natural person who has control over the applicant, where applicable.
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Relationships with the applicant (level 2 entity)
The enterprise must disclose a relationship for any level 2 entity that has direct or indirect legal or
de facto control over the applicant.
In the case of a legal person:
 Shareholder (entity) that has control over the applicant;
 Other entity that has control over the applicant, where applicable.
In the case of a partnership:
 Partner (entity) that has control over the applicant;
 Other entity that has control over the applicant, where applicable.
In the case of a natural person operating a sole proprietorship:
 Other entity that has control over the applicant, where applicable.
Relationships with the entity that has control over the applicant (level 3 natural
person)
The enterprise must disclose a relationship for any level 3 natural person who has direct or indirect
legal or de facto control over a level 2 entity that has control over the applicant.
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Officer who has control over the entity, where applicable;
Director of the entity, where applicable
Shareholder (natural person) who has control over the entity, where applicable;
Partner (natural person) who has control over the entity, where applicable;
Settlor (natural person) of the trust, where applicable;
Trustee (natural person) of the trust, where applicable;
Other natural person who has control over the entity, where applicable.
Relationships with the entity that has control over the applicant (level 3 entity)
The enterprise must disclose a relationship for any level 3 entity that has direct or indirect legal or
de facto control over a level 2 entity that has control over the applicant.
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Shareholder (entity) that has control over the entity, where applicable;
Partner (entity) that has control over the entity, where applicable;
Settlor (entity) of the trust, where applicable;
Trustee (entity) of the trust, where applicable;
Other entity that has control over the entity, where applicable.
Lender (natural person)
If required, please disclose a relationship for each lender (natural person) with whom the enterprise
has entered into an agreement for the loan of money or property. You must indicate the loan
amount on each form.
Each relationship must be submitted with the appropriate supporting documents.
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Lender (entity)
If required, please disclose a relationship for each lender (entity) with whom the enterprise has
entered into an agreement for the loan of money or property. You must indicate the loan amount on
each form. Please note that lenders that are financial institutions or lending companies need
not disclose this relationship.
Each relationship must be submitted with the appropriate supporting documents.
Financial institution
You must disclose a relationship for each financial institution with which the enterprise conducts
business. The financial institutions concerned are those that provide banking or financial services to
the enterprise. For example, the enterprise must disclose the financial institutions with which it has
a bank account or a loan.
Please refer to Schedule II of this guide for the proper name to enter in the “Name” field of the
“Financial institution” relationship for the principal Canadian financial institutions.
Addresses and establishments of the applicant
Where required, please disclose a relationship for each of the enterprise’s addresses as well as for
the addresses of all its establishments over the past five years.
Officer who does not have control over the applicant
Please disclose a relationship for each officer of the enterprise who does not have control over it.
Other controlled enterprise that was prosecuted for or found guilty of an offence
listed in Schedule 1 of the ACPB (natural person)
Every natural person who disclosed a level 2 relationship and answered “Yes” to the question “In
the past five years, have you been a shareholder, director, partner or officer of another
enterprise, or have you had direct or indirect legal or de facto control over another enterprise
that was prosecuted for or found guilty of an offence listed in Schedule 1 of An Act respecting
contracting by public bodies?” must disclose this type of relationship for each enterprise
controlled that was prosecuted for or found guilty of an offence.
Each relationship must be submitted with the appropriate supporting documents.
Other controlled enterprise that was prosecuted for or found guilty of an offence
listed in Schedule 1 of the ACPB (entity)
Every entity that disclosed a level 2 relationship and answered “Yes” to the question “In the past
five years, has the entity been a shareholder or a partner of another enterprise, or has it directly
or indirectly had legal or de facto control over another enterprise that was prosecuted for or
found guilty of an offence listed in Schedule 1 of An Act respecting contracting by public
bodies?” must disclose this type of relationship for each enterprise controlled that was
prosecuted for or found guilty of an offence.
Each relationship must be submitted with the appropriate supporting documents.
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Step D – How to disclose the enterprise’s
business relationships
How to disclose a level 2 relationship
1. From the Manage business relationships function, select the desired relationship from the
dropdown list and then click on “Add”.
2. A new page will appear. You will now be ready to disclose the required information for the
selected business relationship. It is important to note that the information to be
disclosed varies according to the type of relationship selected.
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How to disclose a level 3 relationship
1. To disclose a level 3 relationship, click on the “Add...” button to the right of a level 2
relationship that has already been disclosed.
2. A new window will open.
3. From the dropdown list, select the type of level 3 relationships to be added.
4. Once you have chosen the relationship, click on “Add”.
5. The page with details about the level 3 relationship selected will open and you will be able
to enter the required information for this new relationship.
6. When you are finished, click on “Save and return”.
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Mandatory fields
Most fields are preceded by a red star (*) or a blue cross (+).
Fields preceded by a red star (*)
These fields must be filled out in order to save the current page. If the page is closed without all the
(*) fields having been filled out, all the information will be lost.
Fields preceded by a blue cross (+)
These fields are required, but will not prevent you from saving the current page and returning to it
later. However, all of these fields must be filled out before you validate the relationships disclosed,
otherwise you will get error messages and will not be able to submit your Add/change business
relationships application to the AMF.
Buttons available under business relationships
The “Select” button
When you click on “Select”, a new window will open displaying the list of natural persons or entities
already disclosed. This function allows you to quickly retrieve information about a person for whom
another type of business relationship has already been disclosed. This can be useful if a person
has several business relationships with the same applicant, because it avoids the need to enter
information about that person several times.
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The “Obtain an address” button
In order to enter an address in a business relationship, you must click on “Obtain an address”. The
new window that opens is linked directly to Canada Post and will allow you to validate the address.
1. First determine whether the address is in Canada, the United States or another country
and select the appropriate option button.
2. Addresses in the United States and in other countries must be entered manually. For an
address in Canada, first enter the postal code in the “Search” section, and then click on
“Search”.
3. Once the postal code entered has been analyzed, the site will propose a street name,
municipality and province.
4. Enter the civic number in the “Civic No. / P.O. Box” field.
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5. If the street name is incorrect, you can view and select another street from the dropdown
list.
6. Click on “OK” when you have finished entering the address.
Supporting documents
Declaration forms
These forms are available in the Public Contracts section of the AMF website. They must be filled
out and signed by the natural person or by the authorized signatory of the entity disclosed in the
relationship.
You must answer all the questions in the form. If one of the questions is left unanswered, the form
will be returned to the enterprise.
If you answer “yes” to one of the questions, follow the instructions in the declaration form in order to
provide any additional information required.
The list of offences is set out in Schedule I to the ACPB, available on the AMF’s website.
Additional consent
If the application for authorization is being filed by a foreign enterprise, namely, an enterprise that
is not constituted under the laws of Québec and does not have its head office or an establishment
in Québec where it primarily conducts its activities, an additional consent is required pursuant to
subparagraphs (1) and (2) of section 5 of the Regulation.
Valid proof of identity
Each natural person disclosed in a relationship must provide a copy of valid identification issued by
a government or a government department or agency and showing the person’s name and date of
birth. For example, a driver’s licence or health insurance card is considered acceptable
identification.
Good conduct certificate / criminal and penal court record of the enterprise (if
applicable)
These documents must be provided to the AMF in the case of an enterprise that does not have its
head office in Québec and was declared to be part of the enterprise’s business relationships.
By way of information, see “Criminal and penal court record of the enterprise” in step “5 of 8 –
Supporting documents required“.
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You must also provide a good conduct certificate issued by the local authorities, including a
government or a government department or agency, in respect of the persons listed below if they
do not reside in Québec, even if the enterprise is constituted under the laws of Québec, or has its
head office or an establishment in Québec. The persons in question are those referred to in
sections 21.26 and 21.28 of the ACPB, including;
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a natural person operating a sole proprietorship;
an officer;
a director;
a partner;
a shareholder;
a natural person who has direct or indirect ownership or control of the enterprise;
a settlor;
a trustee.
The procedure to be followed to get a good conduct certificate is available on the Government of
Canada website: www.cic.gc.ca/english/information/security/police-cert/index.asp
If you are not able to produce certain good conduct certificates at the time of disclosing the
enterprise’s business relationships, please provide instead a letter of commitment stating that you
have taken the necessary steps to obtain the documents and that they will be promptly submitted
once received. Please note that authorization will not be granted until the good conduct certificates
have been received.
Submitting supporting documents
Most relationships require that one or more supporting documents be submitted. When a supporting
document is not mandatory, “0 document(s) required” is displayed. Supporting documents may be
submitted electronically or in paper format.
Submitting a supporting document electronically
1. Click on the check box for the required document.
2. Select the “Electronic” option button. An “Add” button will appear.
3. Click on the “Add” button and then search for the file to be attached.
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4. Once you have found the file to be attached, select it and then click on “Open”. Each file
you attach can contain only one document.
Only files with the following extensions are accepted:
.bmp
.odt
.doc
.pdf
.docx
.jpeg
.jpg
.ods
.png
.rtf
.tif
.xls
.xlsx
Files with a “.zip” and “.exe” file extension are not permitted. The maximum file size is
20 Mb.
5. Once the file has been attached, the name of the file will appear in place of the “Add”
button. If the file is not the correct one or if you want to attach it again, first delete the
existing file using the “Delete” option.
When a natural person or entity has already been disclosed in another relationship and
the same supporting document is required once again, it will be added to the
relationship, without you having to do anything.
Submitting a supporting document in paper format
If you wish to send documents in paper format, it is important that you include the digitization forms
that will be sent to you with the acknowledgement of receipt after you have submitted your
application. One digitization form must be included for each supporting document.
Please send the digitization form and supporting documents to the following address:
Autorité des marchés financiers
Direction des contrats publics
et des entreprises de services monétaires
Place de la Cité – tour Cominar
2640, boul. Laurier, bureau 400
Québec (Québec) G1V 5C1
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Security clearance reports
A security clearance report must be issued for each of the natural persons/entities disclosed in one
of the following relationships:
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Natural person operating a sole proprietorship
Officer who has control over the applicant
Director of the applicant
Shareholder (natural person) who has control over the applicant
Shareholder (entity) that has control over the applicant
Partner (natural person) who has control over the applicant
Partner (entity) that has control over the applicant
Other natural person who has control over the applicant
Other entity that has control over the applicant
Officer who has control over the entity
Director of the entity
Shareholder (natural person) who has control over the entity
Shareholder (entity) that has control over the entity
Partner (natural person) who has control over the entity
Partner (entity) that has control over the entity
Settlor (natural person) of the trust
Settlor (entity) of the trust
Trustee (natural person) of the trust
Trustee (entity) of the trust
Other natural person who has control over the entity
Other entity that has control over the entity
The charge for a security clearance report is $208 per natural person or entity that is being
audited pursuant to Chapter V.2 of the ACPB and is payable only once, even if the person or entity
was disclosed in more than one business relationship.
The enterprise will receive an invoice in its secure message inbox once the AMF has completed its
analysis of the business relationships.
No authorization will be issued until the charge has been paid. The charge is not refundable.
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Step E – Validating information entered by the
enterprise
When the applicant has finished entering all its business relationships, it must validate the
information entered by launching the “Validate and end data entry” function available in AMF EServices. The validation process allows the enterprise to ensure that no obligatory relationship and
no information within a relationship has been omitted before submitting its Add/change business
relationships application to the AMF.
Launching the “Validate and end data entry” function
1. From AMF E-Services, go to the Public Contracts tab, select “Manage business
relationships”, and then “Validate and end data entry”.
2. A new page will appear. You will now be in the validate business relationships function.
3. Click on the “Validate” button to launch the validation.
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4. Once the system has completed all necessary verifications, if your form contains errors or is
missing a relationship or information, error messages will appear in red.
5. If your form has no errors and no missing information, you will see the following message.
Handling error messages
If the validation process returns error messages, the enterprise must make the necessary
corrections before submitting its Add/change business relationships application to the AMF.
If several error messages appear, we suggest you print the validation page in order to make
it easier to correct the information.
Once all the errors have been corrected, launch the validation process again until a message
confirms that the technical validation of the relationships has been completed.
You will not be able to submit your Add/change business relationships application to the AMF
as long as the validation process returns error messages.
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Step F – Finalizing the entry of the enterprise’s
business relationships
1. If you did not get any error messages or if you dealt with all the error messages, click on
“End data entry”.
2. A window will open confirming that data entry for the business relationships is complete and
that you are now ready to send your Add/change business relationships application to the
AMF.
3. If you are ready to send your form, click on “Yes”.
4. If you do not wish to send your Add/change business relationships application immediately,
click on “No”. You will be able to send your form later.
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5. To submit an Add/change business relationships application from the AMF E-Services
menu, go to the “Public Contracts” tab, select “Applications” and then “Add/change
business relationships”.
Step G – Sending the Add/change business
relationships application
After clicking on “Yes” in the preceding step, you will automatically be redirected to the Add/change
business relationships application. This application contains four steps and allows you to transfer
the business relationships information entered to the AMF for analysis.
If you do not submit the Add/change business relationships application, the AMF will not be notified
of the changes (including any additions or deletions) you have made to your list of business
relationships and will not be able to analyze those changes.
The AMF considers the date of receipt of information regarding the addition, change or deletion of a
business relationship to be the date on which the Add/change business relationships application is
sent, not the date on which these changes were entered in the Manage business relationships
function.
General information
On-line help
On-line help is identified by a question mark
This icon, which appears on each AMF E-Services page, allows you to get additional information
and explanations on how to use the system. For example, on-line help explains the function of each
button as well as the format you must use when entering information in the various fields.
Automatic logout
If there has been no activity for an extended period of time, the system will automatically log you out
and any unsaved information will be lost. To access AMF E-Services again, you will have to reenter your user code and password.
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Step 1 of 4 – Identification and description of application:
The system automatically fills out the information in this section. The mailing address of the
applicant should be displayed.
Step 2 of 4 – Summary of disclosed business relationships
In this step, you can view the summary of the business relationships you are about to send to the
AMF.
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Step 3 of 4 –Transmission
Please ensure that all the required information regarding your relationships has been disclosed.
Once the application has been sent, you will not be able to cancel or change it. Then click on the
check box “I declare that the information provided herein is accurate” before going on to the next
step.
Step 4 of 4 – Confirmation of delivery
This step confirms that your application has been sent to the AMF. The system will display your
client number and application number. Please print and keep this information, because it may be
useful if you need to contact the AMF.
Sending the supporting documents (paper)
If you have chosen to send the supporting documents in paper format, please click on “Generate
digitization forms then print the required digitization forms and include one digitization form for each
supporting document.
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Renewal
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Steps to follow for the application for renewal of
authorization
By following the steps below, enterprises can ensure that the AMF has all the information and
documents required to analyze an application for renewal of authorization to enter into a public
contract/subcontract. Each step is explained in detail in the following sections of this guide.
Please note that updating the enterprise's business relationships is mandatory and must be done
before the application for renewal is submitted.
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Step A
Verifying and updating the enterprise's business relationships
Step B
Validating information updated by the enterprise
Step C
Finalizing the update of the enterprise's business relationships
Step D
Sending the Add/change business relationships application
Step E
Filling out and sending the application for renewal
Step A – Verifying and updating the enterprise's
business relationships
An enterprise that wants to renew an authorization must ensure that the list of the natural persons
and/or entities that have a relationship with the enterprise as well as the list of its establishments
are up to date. The expression “natural persons and/or entities that have a relationship with the
enterprise” means natural persons and/or entities with which the enterprise has a business
relationship.
To do so, access your AMF E-Services account in order to update your relationships. All
relationships previously disclosed when initially applying for an authorization will be displayed.
Please review the relationships declared and do the following:
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Delete any relationship that no longer exists
Add any new missing relationship
Make the necessary changes to relationships whose information has changed.
Please note that as part of the application for renewal, the declarations, identification and
good conduct certificates (where required) must be provided again for each natural person
and/or entity with which the enterprise has a relationship.
Please refer to "Step C – Disclosing the enterprise's proper business relationships" and "Step D –
How to disclose the enterprise's business relationships" in the section "Obtaining an authorization"
for information on how to disclose new business relationships, change existing relationships or
delete relationships that should not be there.
Step B – Validating information updated by the
enterprise
When the applicant has finished updating all its business relationships, it must validate the
information entered by launching the “Validate and end data entry” function available in AMF EServices. The validation process allows the enterprise to ensure that no obligatory relationship and
no information within a relationship has been omitted before submitting its Add/change business
relationships application to the AMF.
Please refer to "Step E – Validating information entered by the enterprise" in the section "Obtaining
an authorization" for information on how to complete this step.
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Step C – Finalizing the update of the enterprise's
business relationships
Once the applicant has validated its business relationships, it must finalize the update.
Please refer to "Step F – Finalizing the entry of the enterprise’s business relationships" in the
section "Obtaining an authorization" for information on how to complete this step.
Step D – Sending the Add/change business
relationships application
You will now be ready to send your Add/change business relationships application. This application
contains four steps and allows you to transfer the business relationships information entered, to the
AMF for analysis.
If you do not submit the Add/change business relationships application, the AMF will not be notified
of the changes (including any additions or deletions) you have made to your list of business
relationships and will not be able to analyze those changes.
The AMF considers the date of receipt of information regarding the addition, change or deletion of a
business relationship to be the date on which the Add/change business relationships application is
sent, not the date on which these changes were entered in the Manage business relationships
function.
Please refer to "Step G – Sending the Add/change business relationships application" in the section
"Obtaining an authorization" for information on this step.
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Step E – Filling out and sending the application
for renewal
We urge you to familiarize yourself with all the steps set out below before beginning the
process of entering information for your application for renewal of authorization to enter into a
public contract/subcontract so as to ensure you have all the required information, because
certain information is required in order to proceed from one step to another.
Please note that the application for renewal of authorization must be filled out and submitted by the
respondent.
1. From AMF E-Services, go to the “Public Contracts” tab, select “Applications” and then
“Renewal/Non-renewal”.
2. A new page will appear. You will now be in the application for renewal of authorization.
General information
On-line help
On-line help is identified by a question mark
This icon, which appears on each AMF E-Services page, allows you to get additional information
and explanations on how to use the system. For example, on-line help explains the function of each
button as well as the format you must use when entering information in the various fields.
Automatic logout
If there has been no activity for an extended period of time, the system will automatically log you out
and any unsaved information will be lost. In order to save information that has been entered, simply
proceed to the following page by clicking on “Next”. To access AMF E-Services again after having
been logged out, you will have to re-enter your user code and password.
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Step 1 of 7 – Identification
The system automatically fills out the information in this step. The mailing address of the applicant
should be displayed. If the address is incorrect, please use AMF E-Services to make the necessary
changes to your file by selecting the "Other application/request" tab. Under "Other
application/request", in the "Type of application/request" section select "Other application – Public
contracts".
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Step 2 of 7 – Renewal/Non-renewal of authorization
If you wish to renew your authorization, first click on the check box "I wish to renew my
authorization to enter into a public contract/subcontract" in the "Renewal" section.
Then ensure that the information entered on this page matches the information currently in the
Enterprise Register.
If the information in the Enterprise Register is not up to date, please make the necessary changes
and provide us with a paper or electronic document of the update. Please include this document by
using the “Other documents” option in step 4 of 7.
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Total number of shareholders (voting shares) or partners for this entity
If required, state the total number of shareholders or partners of the enterprise, including
shareholders who are not majority shareholders.
Other names (current)
Please state all other names under which the enterprise currently carries on its activities.
If the enterprise is entered in the Enterprise Register, the information provided in the application
must match the information in the register.
Former names
Please state all other names that are no longer in effect and under which the enterprise carried on
its activities in the past five years.
If the enterprise is entered in the Enterprise Register, the information provided must match the
information in the register.
Information about the contract (if applicable)
If the application is being made so the enterprise can respond to a call for tenders that has already
been posted, please provide all requested information regarding the call for tenders. If not, you
need not fill out this section
If your application is not being made in response to a call for tenders that has been posted, it
will not be processed on a priority basis.
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Step 3 of 7 – Statement
The application must be submitted together with the applicant’s declaration.
You must answer all questions. If you leave any question unanswered, you will not be able to go on
to the next step.
If you answer « yes » to one of the questions, please answer the subquestions that follow in order
to provide the required additional information.
The list of offences is shown in Schedule 1 to the ACPB, available on the AMF’s website.
Additional consent
Where the application for authorization is being filed by a foreign enterprise, namely, an enterprise
that is not constituted under the laws of Québec and does not have its head office or an
establishment in Québec where it primarily conducts its activities, an additional consent is required
pursuant to subparagraphs (1) and (2) of section 5 of the Regulation.
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Step 4 of 7 – Supporting documents required
The enterprise must keep a copy of all documents it sends to the AMF.
The application for renewal of authorization must be filed together with certain required supporting
documents. These documents may be sent electronically or in paper format. For more information
on sending electronic or paper documents, please refer to the “Submitting supporting documents”
section of this guide.
If you are unable to provide one of the required documents, instead of the document in question
please include a document explaining the reason you are unable to provide it.
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Criminal and penal court record of the enterprise (if applicable)
The Regulation stipulates that, in the case of an enterprise that is not constituted under the laws of
Québec and does not have its head office or an establishment in Québec where it primarily
conducts its activities (foreign enterprise), the AMF must be provided with a good conduct
certificate.
However, in the case of an enterprise whose head office is not located in Québec, the AMF
must be provided with one of the following documents:



a good conduct certificate in respect of the enterprise, issued by the local authorities,
including a government or a government department or agency;
if you are unable to provide a good conduct certificate, please provide a sworn letter
signed by the respondent or an officer of the enterprise declaring, first, that the necessary
steps to obtain this certificate were taken and, second, that, during the past five years, the
enterprise was not:
- prosecuted for or found guilty, in Canada or abroad, of an offence listed in
Schedule I of the ACPB or a similar offence;
- prosecuted for or found guilty, in Canada or abroad, of any criminal or penal
offence committed in the course of its business.
finally, if you are unable to provide any of these documents, please provide the enterprise’s
criminal and penal court record or an equivalent document.
According to the Regulation, “the location of the enterprise and the persons referred to” means the
Canadian province or territory or other jurisdiction where the enterprise primarily conducts its
activities or, in the case of a natural person, where he or she is domiciled.
By way of information, “good conduct certificate” means a police certificate, a criminal background
check, a criminal record check, a police check, a Canadian Police Information Centre (CPIC) check
or any equivalent document.
If you are not able to produce the criminal and penal court record of the enterprise at the time of
submitting the application for authorization, please provide instead a letter of commitment stating
that you have taken the necessary steps to obtain the document and that it will be promptly
submitted once received. Please note that authorization will not be granted until the criminal and
penal court record of the enterprise has been received.
Governance and oversight measures implemented by the applicant
In exercising its powers conferred under the ACPB, the AMF must, in particular, ensure that the
enterprise meets high standards of integrity. To do so, the analysis of the enterprise’s governance,
ethical standards and related internal processes becomes an important consideration.
Therefore, if your enterprise has established governance measures (code of ethics, training
program, governance committee, etc.), please disclose them and submit the related documentation
using the “Other document” buttons shown in Step 4 of 7 of the application for renewal of
authorization.
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Attestation from Revenu Québec
If the enterprise has an establishment in Québec, you must provide an attestation from Revenu
Québec. The attestation states that the enterprise has filed the returns and the reports that it was
required to file under fiscal laws and that it has no overdue account payable to the Minister of
Revenue, including when recovery of an account has been legally suspended or arrangements
have been made with the enterprise to ensure payment and the enterprise has not defaulted on the
payment arrangements. The attestation must have been issued not more than 30 days before the
date on which the enterprise’s application for authorization is filed with the AMF/.
If you are a foreign enterprise, you must provide a tax attestation stating that your enterprise has
filed the returns and the reports that it was required to file under the fiscal laws of its country of
origin.
Financial statements for the latest fiscal year
Provide the audited financial statements for the latest fiscal year of the enterprise.
If the enterprise does not have audited financial statements, the AMF requires at least a review
engagement report on the financial statements for the latest fiscal year. A notice to reader
alone will not be accepted.
Organization chart outlining the structure of the enterprise
You must provide an organization chart outlining the structure of the enterprise and including, if
applicable, the names of its subsidiaries and parent company and any subsidiaries of the parent
company. Please also indicate the relationships between these enterprises, as well as the
percentage of shares or partnership units held, where applicable.
Example:
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Step 5 of 7 – Fees payable and payment
The fee related to an application for renewal of authorization to enter into public
contracts/subcontracts filed by an enterprise with the AMF is provided for in the Fee Decision.
To be considered admissible, the application for renewal of authorization must be filed with the
payment of a $416 fee. The fee may be paid by credit card, cheque, money order or certified
cheque.
If you wish to pay by credit card, select the “Credit card” option and proceed to the on-line payment.
If you wish to pay by cheque (payable to the Autorité des marchés financiers), select the “Cheque”,
“Money order” or “Certified cheque” option and send your payment to the AMF at the following
address:
Autorité des marchés financiers
Direction des contrats publics et
des entreprises de services monétaires
Place de la Cité – Tour Cominar
2640, boul. Laurier, bureau 400
Québec (Québec) G1V 5C1
Please note that the AMF does not accept remittance slips sent by e-mail or by fax.
Please note that the fee is not refundable.
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Step 6 of 7 – Transmission
Please print your application by clicking on “Print your application” and then check it carefully. Once
the application has been sent, you will not be able to cancel or change it. Then click on the check
box “I declare that the information provided herein is accurate” before going on to the next step.
Step 7 of 7 – Confirmation of delivery
This step confirms that your application has been sent to the AMF. The system will display your
client number and application number. Please print and keep this information, because it may be
useful if you need to contact the AMF.
After the application has been sent, an acknowledgement of receipt will be sent to the “Secure
message inbox” section of AMF E-Services.
If you have chosen to send the supporting documents or your payment in paper format, please
include the digitization forms that were sent to you with the acknowledgement of receipt.
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Receipt and analysis of the application for renewal of
authorization
If, after analyzing the application for renewal of authorization to enter into a public
contract/subcontract, the AMF determines that certain information is inaccurate, incomplete or
missing, it will contact the respondent so the respondent can make the necessary corrections.
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Non-renewal
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Steps to follow for an application for non-renewal
You can submit an application for non-renewal at any time during the enterprise's renewal
period. The AMF will process the application as soon as it is received, but the enterprise's right to
practise will remain valid until the expiry date of its authorization.
By following the steps below, enterprises can ensure that the AMF has all the information and
documents required to analyze an application for non-renewal of authorization to enter into a public
contract/subcontract. Each step is explained in detail in the following sections of this guide.
Step A
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Filling out and sending the application for non-renewal
Step A – Filling out and sending the application
for non-renewal
Please note that the application for renewal of authorization must be filled out and submitted by the
respondent.
1. From AMF E-Services, go to the “Public Contracts” tab, select “Applications” and then
“Renewal/Non-renewal”.
2. A new page will appear. You will now be in the application for renewal/non-renewal of
authorization.
General information
On-line help
On-line help is identified by a question mark
This icon, which appears on each AMF E-Services page, allows you to get additional information
and explanations on how to use the system. For example, on-line help explains the function of each
button as well as the format you must use when entering information in the various fields.
Automatic logout
If there has been no activity for an extended period of time, the system will automatically log you out
and any unsaved information will be lost. In order to save information that has been entered, simply
proceed to the following page by clicking on “Next”. To access AMF E-Services again after having
been logged out, you will have to re-enter your user code and password.
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Step 1 of 7 – Identification
The system automatically fills out the information in this step. The mailing address of the applicant
should be displayed. If the address is incorrect, please use AMF E-Services to make the necessary
changes to your file by selecting the "Other application/request" tab. Under "Other
application/request", in the "Type of application/request" section select "Other application – Public
contracts".
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Step 2 of 7 – Renewal/Non-Renewal of authorization
If you do not wish to renew your authorization, please click on the check box "I do not wish to renew
my authorization to enter into a public contract/subcontract" in the "Non-renewal" section and
proceed to the next step.
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Step 3 of 4 – Transmission
Please print your application by clicking on “Print your application” and then check it carefully. Once
the application has been sent, you will not be able to cancel or change it. Then click on the check
box “I declare that the information provided herein is accurate” before going on to the next step.
Step 4 of 4 – Confirmation of delivery
This step confirms that your application has been sent to the AMF. The system will display your
client number and application number. Please print and keep this information, because it may be
useful if you need to contact the AMF.
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Receipt and analysis of the application for non-renewal
After the application has been sent, an acknowledgement of receipt will immediately be sent to the
"Secure message inbox" section of AMF E-Services. Subsequently, on the date the enterprise's
right to practise expires, a new message will be sent to the enterprise's secure message inbox
confirming the non-renewal of its authorization as well as its removal from the Register of
authorized enterprises.
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Following up on applications
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Following up on applications
At any time after an application has been submitted, the enterprise can follow up on it and view its
content.
To access an application that has been submitted through AMF E-Services, go the “Client File” tab
and then “Follow-up on applications/requests”.
The “Follow up on applications/requests” page will appear. If you are registered with the AMF under
several statutes, you can use the dropdown list to filter the applications by department.
Obtaining the status of your application
The “Status” column indicates the status of your application. Four statuses are possible:
Being analyzed at AMF: This status indicates that the processing of your application/request has
not been completed. The time required for an analysis depends on the nature of the
application/request.
Waiting for client: This status indicates that the application/request is incomplete because
information, a document or payment is missing. The missing item must be provided so the AMF can
complete its analysis.
Waiting for third party: This status indicates that the AMF is waiting for an answer from one of its
partners (SQ, CCQ, RBQ, RQ).
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Waiting for advisory opinion from UPAC: This status indicates that the processing of your
application/request has not been completed because UPAC (the anti-corruption squad) has not
finalized its examination of integrity.
Processed: This status indicates that your application/request has been processed and a decision
has been entered in your file. The result will be sent to you shortly by secure e-mail or regular mail.
Viewing applications submitted
If you wish to view the information that has been submitted in an application, click on the icon that
looks like a magnifying glass in the “Form submitted” column. Please note that applications that
have been submitted are read-only.
Adding a document to an application
If you wish to add a document to an application that has been submitted to the AMF, click on the
icon that looks like a sheet of paper with a + in the “Add a document column.
You can add a document if you forgot to include it when you submitted your application or if the
AMF has asked for one or more additional documents when analyzing your application. When a
document is added to an application in this manner, it is automatically transferred to the AMF for
analysis.
To add a document to an application:
1. Click on the Add a document icon for the application to which the document must be
added.
2. A new window will open.
3. From the dropdown list, select the type of document to be added.
4. Click on “Search” and find the file to be included.
5. Click on “Ok”.
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Accessing the Manage business relationships function once
the application has been submitted
While the AMF is analyzing your application, the Manage business relationships function will be
read-only. You will therefore be able to view the information that was disclosed, but you will no
longer be able to change that information.
If, after analyzing the Add/change business relationships application, the AMF determines that
certain information is inaccurate, incomplete or missing, it will contact the respondent so the
respondent can make the necessary corrections.
For this purpose, the AMF will temporarily reactivate the enterprise’s Manage business
relationships function so the respondent can make the requested corrections.
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AMF Decision
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Waiting for the decision
Analysis of the application for issuance or renewal of an
authorization
When an enterprise submits an application for the issuance or renewal of an authorization, the AMF
sends the Associate Commissioner for Audits appointed under section 8 of the Anti-Corruption Act
(c. L-6.1) the information obtained so that the audits the Associate Commissioner considers
necessary may be conducted
As soon as possible after receiving the information, the Associate Commissioner provides an
advisory opinion to the AMF on the enterprise concerned. The advisory opinion states the grounds
for any recommendation that an authorization or renewal be refused or not be renewed under
sections 21.26 to 21.28 of the ACPB.
If the analysis of the application for authorization or renewal indicates that certain information is
inaccurate, incomplete or missing, the AMF contacts the respondent so the necessary corrections
can be made. The AMF sends the Associate Commissioner any new information it obtains
regarding the enterprise.
AMF Decision
When the AMF is sure there are no grounds for refusing to issue or renew the authorization, it will
mail the authorization to the enterprise concerned.
Before refusing to grant or renew an authorization or before revoking it, the AMF may ask the
enterprise concerned to take the necessary corrective measures within the time it specifies.
In all cases, before refusing to grant or renew an authorization or before revoking it, the AMF must
notify the enterprise concerned in writing as prescribed by section 5 of An Act respecting
administrative justice (c. J-3) and allow the enterprise at least 10 days to submit written
observations or provide additional documents to complete the file.
Following up on the authorization
Making changes to the information provided
An enterprise holding an authorization has the obligation to notify the AMF of any change to
information previously provided, whether the information was provided in the application for
authorization, for renewal or in an application to add/change business relationships.
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Time limit for informing the AMF of changes
The enterprise must notify the AMF no later than 15 days following the end of the month during
which the changes took place.
Notifying the AMF about changes
Changes must be communicated to the AMF using the application provided for that purpose.
The application must always be filed together with the appropriate information and documents,
where required.
Please make sure to use the proper application to submit your changes. The following are
examples of the application to use depending on the type of change to be submitted to the AMF:
Type of application
Change to be made
Change of address of a person referred to in
sections 21.26 and 21.28 of the ACPB
Change of address of the enterprise’s head
office or one of its establishments
“Other” application
Change to the language of correspondence
Change of respondent
Addition/removal of a person referred to in
sections 21.26 and 21.28 of the ACPB
“Add/change
application
business
relationships”
Addition/removal of an establishment referred
to in sections 21.26 and 21.28 of the ACPB
Addition/removal of a lender referred to in
sections 21.26 and 21.28 of the ACPB
Addition/removal of a financial institution
referred to in sections 21.26 and 21.28 of the
ACPB
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Changes to be communicated to the AMF
The following is a non-exhaustive list of examples of changes that must be communicated to the
AMF:
Addition of a person referred to in sections 21.26 and 21.28 of the ACPB
The enterprise must notify the AMF if a new natural person or entity referred to in sections 21.26
and 21.28 of the ACPB is to be added to the enterprise’s file.
By way of information, please consult the list of persons set out under the item “Criminal and penal
court record of the enterprise” of this guide.
The enterprise must also notify the AMF when it adds an establishment or when it has a new
financial institution or lender with which it conducts business.
Removal of a person referred to in sections 21.26 and 21.28 of the ACPB
The enterprise must notify the AMF if a natural person or entity referred to in sections 21.26 and
21.28 of the ACPB is to be removed from the enterprise’s file.
By way of information, please consult the list of persons set out under the item “Criminal and penal
court record of the enterprise” of this guide.
Changes to the information provided
The enterprise must notify the AMF of any change to nominative information it has provided,
whether the information pertains to the enterprise or to any of the persons with whom it has one or
more business relationships.
Examples of changes that must be communicated to the AMF:



Change of address of a person referred to in sections 21.26 and 21.28 of the ACPB;
Change of address of the enterprise’s head office or one of its establishments;
Change to the language of correspondence, etc.
Change in the ownership or control of the enterprise
The enterprise must notify the AMF of any change to the persons or entities that have direct or
indirect ownership or legal or de facto control of the enterprise.
Change of respondent
If the respondent is temporarily unable to properly perform his or her functions, but the enterprise
does not consider it necessary to appoint another respondent, it must notify the AMF that the
respondent’s responsibilities will be delegated temporarily to a natural person operating the
enterprise as a sole proprietorship or to a director, an officer or a partner of the enterprise.
If the respondent is no longer able to perform his or her functions for an extended period of time or
on a permanent basis, the enterprise must promptly appoint a new respondent and notify the AMF
thereof by sending the AMF the appropriate request as well as an official document evidencing the
appointment of the new respondent.
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Schedule I – Relationships to be disclosed based on the enterprise’s legal form
Legal form: Natural person operating a sole proprietorship
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Legal form: Partnership
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Legal form: Legal person
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Relationships common to all legal forms
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Schedule II – Principal financial institutions in
Canada
Canadian financial institutions
Name to be entered in the “Name” field of
the “Financial institution” relationship
Banque Nationale
Banque Nationale du Canada
National Bank of Canada
Banque Nationale du Canada
Desjardins
Caisses populaires Desjardins
Fédération des Caisses Desjardins du Québec
Fédération des caisses Desjardins du Québec
Banque Royale
RBC
Royal Bank of Canada
Banque Royale du Canada
Banque de Montréal
Bank of Montreal
BMO
Banque de Montréal
Banque Laurentienne
Banque Laurentienne du Canada
Banque ING
ING
Banque ING du Canada
Banque de Nouvelle-Écosse
Banque Scotia
Scotia Bank
Banque de Nouvelle-Écosse
Banque CIBC
CIBC
Banque Canadienne Impériale de Commerce
Banque TD
TD Bank
La Banque Toronto-Dominion
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