File 1 - Request for Investigation
Step 1
First contact with the BSDQ
Step 2
How to use the BSDQ
Step 3
After the project owner's closure
Step 4
Complaint
Any company that considers the rules of the Code of Submission have not been respected may file a complaint by completing the complaint request form.
Following such a request, the BSDQ analyzes and gathers the facts surrounding the elements targeted by the complaint in order to produce a report. The BSDQ does not express any opinion or make any recommendations in its report. It only describes the complaint filed and reports the facts found during the investigation.
It is the responsibility of one of the three Parties, rather than the BSDQ, to judge whether the complaint is founded or not. Consequently, once the BSDQ has completed its investigation, the report is sent to the relevant Party or Parties for appropriate measures to be taken
All information related to the complainant always remains confidential.
The investigation process can be summarized as follows:
- Receipt of the investigation request by the BSDQ.
- Acknowledgment of receipt to the complainant and explanation of the complaint process.
- Collection of information from the various stakeholders and the companies targeted by the complaint.
- Transmission of the BSDQ's investigation report to the concerned Party or Parties.
- Notice to the complainant and the respondents, regarding the transmission of the investigation report to the concerned Party or Parties.
- When the complaint is deemed admissible, the concerned company or companies are summoned before a disciplinary committee to present their version of the facts.
- Analysis and judgment by the concerned Party or Parties.
- Notice sent to the complainant of the rendered decision.
Please note:
- All complaints are received and investigated with attention and rigor by the BSDQ, regardless of their origin.
- The processing time for a complaint varies depending on different factors.
- A BSDQ investigator acts only as a resource person for disciplinary committees.
- When a penalty is incurred following a complaint, the amount is paid to the concerned Party.
- The BSDQ reserves the right to initiate an investigation process if it believes that subcontracting is being used for illegitimate purposes. For more details, see Article L-4 in the « Further information » section below.
Additionnal information
Related Tendering Code articles
It should be noted that, for interpretation purposes, the French text shall prevail over the English, the latter being a translation of the French original.
Chapter L - Articles L-1 à L-4
L-1 Origin
In the event of a violation of this Code, any person may file a complaint with the BSDQ.
L-2 Investigation
The BSDQ investigates all complaints, and any contractor who has signed the commitment provided for in Sections C-1 or C-2 of this Code is required to provide the BSDQ with the requested information and to cooperate with the investigation.
L-3 Forwarding of the complaint
Once its investigation is complete, the BSDQ forwards the complaint to either the ACQ, the CMEQ, or the CMMTQ, depending on the agreement between these associations or corporations, so that the appropriate measures can be taken
L-4 BSDQ investigation
The assignment of a contract, in whole or in part, or its subcontracting, in whole or in part, may only be used for legitimate reasons. The BSDQ may investigate this matter, regardless of whether a complaint has been filed.
If the BSDQ believes that the assignment of a contract or its subcontracting has been used for illegitimate reasons, in particular to follow up on an agreement made in advance between a tenderer and a successful recipient contractor who has been awarded the contract for the purpose of circumventing or contravening this Code, it shall notify the parties to the agreement in accordance with Section L-3 of this chapter.
Aide-mémoire processus demande d'enquête (french only)
Understanding how a complaint is processed