Demystifying the
BSDQ

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 B - Articles B-1 and B-2

B-1 When required by the project owner

These rules apply mandatorily to all tenders addressed to a recipient contractor for work to which the project owner requests that this Code apply, regardless of the nature of the work and regardless of the price and conditions.

B-2 When not required by the project owner

These rules apply mandatorily, even when the project owner does not request their application, to any tender for work in one of the regulated specialties listed in Schedule I of this Code, when it is addressed to a recipient contractor and if the following four conditions are met:

1. when the work is to be performed in the territory of Québec;
    
2. when more than one tender is requested. More than one tender is requested when more than one tenderer is invited to submit a tender for a regulated specialty. Any call for tenders in any form whatsoever or the delivery or availability of tendering documents is considered to be a call for tenders;
    
3. when the tender price for the regulated specialty is equal to or greater than $20,000;
    
4. when the tendering documents allow for the presentation of comparable tenders, even if a site visit is required.

Documents that, although incomplete, enable tenderers to respond to the call for tenders with tenders that can ultimately be compared on the basis of their price, given the codes, standards, rules of good practice, and specific features applicable to the work in question, are considered to be tendering documents that allow for the presentation of comparable tenders.

Documents that require tenderers to propose and participate significantly in the design of a project and that require them to specify the work they propose to perform are not considered to be tendering documents that allow for the presentation of comparable tenders.

Schedule I 

A) Electrical works

Work deemed to be within the competence of master electricians, when all the conditions for application set out in Section B-2 of this Code are met.

The electrical work covered by the Code is the foundation, erection, renovation, repair, maintenance, alteration and demolition of the following electrical installations:

• Electrical installations and the installation of electrical apparatus in accordance with the definition which the Building Code, referred to in Section 13 of the Building Act (CQLR, chapter B-1.1), gives to each of such terms);
• Installations for of electric lighting, electrical heating or electric motive power;
• Installations of intercommunication systems (language laboratory, telephone, television remote communication devices [wireless] and electrical signalling systems); lightning; protection installations; fire and burglar alarm systems; low-voltage control systems (remote control); outdoor lighting systems, electrical testing devices, and other electrical
  devices;
• The work listed above that is not under the exclusive jurisdiction of the Master Electricians Act is subject to a resolution in accordance with Subsection C) of this schedule;
• All work described in the tendering documents with the work listed above is deemed to be within the jurisdiction of master electricians;
• Included in every instance are the wires, cables, conductors, accessories, appliances, equipment, fittings, structure of wood or steel or mountings for lines forming part of or connected with the installation itself.

B) Mechanical works

Work deemed to be within the competence of master pipefitters, when all the conditions for application set out in Section B-2 of this Code are met.

The mechanical work covered by the Code is the foundation, erection, renovation, repair, maintenance, alteration and demolition of the following piping installations:

• Heating systems used for producing motive power or heat any form whatsoever; such systems including among others gravity or forced hot water systems, and high, low or vacuum steam systems and likewise any firing system;
• Plumbing systems including piping and all accessories used for drainage or draining; for the back air vent, for supplying hot or cold water or gas;
• Oil or natural gas burner systems but not propane gas burner systems;
• Any piping installation defined by the Building Code referred to in Section 13 of the Building Act (CQLR, chapter B-1.1);
• Refrigeration systems intended to cool air, cool substances or make ice; automatic sprinklers (fire protection) used to prevent and fight; ventilation/air conditioning; vacuum cleaning; industrial piping/process piping. This work, which is not of exclusive jurisdiction as defined by the Master Pipe-Mechanics Act, is subject following a resolution as per Subsection C) of the present schedule;
• All work described in the tendering documents with the work listed above is deemed to be within the jurisdiction of Master Pipe-Mechanics.

C) Electrical or mechanical Works that are not under exclusive jurisdiction

With regard to any tender that is not required to be filed with the BSDQ by the project owner or tendering documents for work that is not under the exclusive jurisdiction of the Master Electricians Act or the Master Pipe-Mechanics Act, but indicated in a resolution adopted by the ACQ and the CMEQ in the case of non-exclusive electrical work, or by the ACQ and the CMMTQ in the case of nonexclusive mechanical work, and accepted by the BSDQ when all the conditions for application set out in Section B-2 of this Code are met.

D) Works subjected to a resolution (architectural specialties)

With respect to any tender that is not required to be filed with the BSDQ by the project owner or the tendering documents, but that pertains to the specified work mentioned:

1. in a resolution of the ACQ accepted by the BSDQ when the resolution in question is applicable throughout the territory of the Province of Québec and the other conditions for application set out in Section B-2 of this Code are met; or
2. in a resolution adopted by a construction association affiliated with the ACQ and ratified by the latter and accepted by the BSDQ; however, the application of such resolutions is, however, restricted to the regional territory described therein, provided that the other conditions of application set out in Section B-2 are met.

A guide prescribing the scope of work for a given architectural specialty may be adopted by the ACQ to facilitate the comparison of tenders. The CMEQ and the CMMTQ must accept the content of such a guide, after its adoption by the ACQ, for it to be incorporated into the Tendering Code.

The resolution adopted by the ACQ (Subsection i) or the resolution adopted by one of its affiliated associations and ratified by it (Subsection ii) must include the guide adopted by the ACQ so that the provincial or regional jurisdiction of the specialty includes the scope of work it prescribes. Such a resolution adopted by the ACQ (Subsection i) or ratified by it (Subsection ii) must be accepted by the BSDQ.

An amendment to the list of work provided for in a guide already incorporated into the Tendering Code may be made by the BSDQ, at the request of the ACQ, by unanimous decision of the Provincial Managing Committee.

E) Other regulated works

With respect to any tender that is not required to be filed with the BSDQ by the project owner or the tendering documents, but that concerns work specified in an agreement between the BSDQ’s Provincial Managing Committee and a group, other than those referred to in Paragraphs A), B), C) and D) of this Schedule, an agreement ratified by the ACQ, when all the conditions for application set out in Section B-2 of this Code are met.

Schedule V 

Guidelines for using the guides

Principles:

• The guides complete the tendering documents.
• The guides reproduced in this Schedule must be considered and complied with by tenderers only in the territories where they are applicable, i.e., only in the territories that have adopted them during the subjection of a specialty. In the table in Schedule I, the words “with guide” indicate such a subjection.
• The guides do not apply to tenders for electrical specialties or tenders for mechanical specialties.

Guidelines:

1. A tender is deemed to include all work mentioned in the guide for the specialty in question.
2. Work not mentioned in a guide does not implicitly fall under another specialty.
3. A guide prescribes the scope of work for the specialty in question. However, a tender for a specialty with a guide must consider all adopted guides, as they may influence the scope of work covered by the tender. Guides do not apply to tenders for electrical specialties or mechanical specialties.
4. The relevant sections of the specifications must be mentioned in the tender form, in accordance with Section E-2 of the Tendering Code. Mention of a section of the specifications implies the performance of all the work included in it, except:
   a) the performance of work that falls within the scope of work prescribed in the guide for another specialty;
   b) the performance of work that is specifically excluded by a guide. Such work is then excluded from the tender and no indication in the tender form is necessary.
5. When work mentioned in a guide is included in a section of the specifications of another specialty, the tenderer must not mention this section in their tender form, but must include it in their price, except for work that is included in sections of the specifications relating to the electrical or mechanical specialties.